Kirk v. Cole

Neely, Justice:

This is an appeal by way of certiorari 1 from a final order of the Circuit Court of Kanawha County which affirmed the decision of the Board of Review of the West Virginia Department of Employment Security disqualifying the appellant, Cleona Kirk, from receiving unemployment compensation benefits for a six-week period because she was discharged from her place of employment for misconduct. The appellant contends that absence from work due to illness does not constitute misconduct within the meaning of W. Va. Code, 21A-6-3(2) [1981]. We agree and reverse the decision of the…