Ky. Unemployment Ins. Comm'n v. Cecil
Annotate this CaseEmployee's employment was terminated by Employer after Employee refused to sign an agreement acknowledging her repeated tardiness violated Employer's code of conduct. Employee subsequently filed a claim for unemployment insurance benefits, which was denied on grounds that Employee's discharge was for work related misconduct. A referee with the division of unemployment insurance reversed the determination. The unemployment insurance commission reversed the referee's decision, concluding that Employee was not qualified to receive unemployment insurance benefits because she was fired for misconduct. The circuit court affirmed, and the court of appeals reversed the circuit court. The Supreme Court reversed the court of appeals, holding (1) the commission's conclusion that Employee was not terminated for tardiness but, rather, for refusing to sign the agreement was clearly erroneous; (2) there was substantial evidence to support the commission's finding that Employee was repeatedly tardy; and (3) therefore, pursuant to Ky. Rev. Stat. 341.370(6), the commission did not err in denying unemployment insurance benefits.
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