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Attorney obtained a favorable Decision and Order from the Unemployment Compensation Board of Review on behalf of an employer reversing the decision of the Referee

Attorney obtained a favorable Decision and Order from the Unemployment Compensation Board of Review on behalf of an employer reversing the decision of the Referee. Claimant, who was disgruntled surrounding issues over his accepted worker's compensation claim, commented to a co-worker within days following the Virginia Tech shootings that something similar could happen at employer's business. The co-worker reported the statement and the employer investigated, resulting in claimant's discharge for violation of employer's policies/rules. The UCBR found Claimant's action rose to the level of willful misconduct, and Claimant failed to show good cause for making the remark. The UCBR reasoned that given the heightened feelings surrounding the shootings, employer reasonably understood the comment as a violation of its policy despite Claimant's argument that he did not intend it as a threat.

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