DIGEST OF ADJUDICATION PRECEDENTS MC
MC-81 (01/11)
ISSUE/DIGEST CODE Misconduct/MC 270.05
DOCKET/DATE 83-BRD-15401/12-20-83
AUTHORITY 2./S-602A
TITLE Intoxication and Use of Intoxicants
SUBTITLE General
CROSS-REFERENCE None
There had been four documented incidents of the claimant reporting to work under the influence of alcohol. The claimant had been
warned each time about reporting to work in an inebriated condition.
The claimant again reported to work under the influence of alcohol and was discharged the next morning. Witnesses observed that
the claimant's speech was slurred, his footing unsure, and that he was in no condition to perform the work.
The claimant admitted to having had a few beers at lunch, but he said he did not think that he was under the influence of alcohol.
The claimant had no recollection of whether his speech or footing was uncertain.
HELD: The claimant's conduct evidenced a wilful and wanton disregard of the duties and obligations the claimant owed his
employer and of a standard of behavior which the employer had a right to expect of the claimant. Since the claimant failed to meet
this reasonable standard, he was discharged for misconduct connected with his work and is ineligible for benefits.
ISSUE/DIGEST CODE Misconduct/MC 270.05
DOCKET/DATE 83-BRD-15637/12-28-83
AUTHORITY 3./S-602A
TITLE Intoxication and Use of Intoxicants
SUBTITLE General
CROSS-REFERENCE None
The claimant and two other employees were discharged after they were found in a washroom with a half-empty bottle of alcohol
and two cups which contained alcohol. The employer said that he did not smell alcohol on the claimant's breath, nor did he see the
claimant in possession of any alcohol. The employer also said that one of the other employees had a cup in his hand and the third
employee was near a cup that had been crushed. The bottle of alcohol was found in an empty locker with an unused empty cup.
The claimant denied that he had been drinking alcohol, or that he had supplied the bottle, and requested either a breath analysis or
lie detector test.
HELD: The claimant was found in a common area and had no control over the actions of other employees. He denied taking any
part in the offense and offered to prove his innocence by submitting to a test. Under these circumstances, the claimant was
discharged for reasons other than misconduct connected with his work and is eligible to receive benefits.
ISSUE/DIGEST CODE Misconduct/MC 270.05
DOCKET/DATE 84-BRD-4256/3-29-84
AUTHORITY 4./S-602A
TITLE Intoxication and Use of Intoxicants
SUBTITLE General
CROSS-REFERENCE None
The claimant was employed as a stockman with a steel supply company. After knocking over a pile of steel beams while in the
process of stacking them, the claimant admitted to his supervisor that he had a few drinks before reporting to work. He had
received prior warnings and a suspension for similar behavior.
HELD: Reporting to work under the influence of alcohol adversely affected the employer's interests. The claimant was discharged
for misconduct connected with his work, and he is disqualified for benefits.
