No. 5851 Precedential Processed

Morris v. Gerace

Louisiana Court of Appeal, First Circuit · Filed April 13, 1977 · 345 So. 2d 538

Also decided on this docket: La. Ct. App. 1st Cir., May 3, 1963 153 So. 2d 94; La. Ct. App. 1st Cir., June 2, 1913 10 Teiss. 271; La., January 15, 1876 28 La. Ann. 77; La. Ct. App. 4th Cir., November 2, 1973 285 So. 2d 282

Cited by

Opinion text

WATSON, Judge, dissenting: The statutory requirement for denial of unemployment compensation is that the employee be discharged for misconduct connected with employment. Here, based on the referee’s findings of fact, there is insufficient connection with plaintiff’s employment to justify denial of benefits. The controversy about the notice posted on the bulletin board was connected entirely with plaintiff’s union activities and had nothing to do with her employment duties; the same is true of the request that she remove it and her refusal to do so. Absent a connection between plaintiff’s refusal to remove the notice and her employment, the statutory requirement for disqualification has not been met. Plaintiff is entitled to unemployment compensation benefits. I respectfully dissent.