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Rhode Island Unemployment Case Law
These cases are from the Rhode Island Board of Review
Search only RI case law:
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Aceituno
There was an altercation. Witnesses differed. The referee decides who to believe.
Aderoju
She was out sick. She did not call in.
Agnew
When he returned from leave, they told him to take a drive with so-and-so. He refused, because he said so-and-so was not a safe driver. they fired him.
Akinnusotu
Injured. Out on disability. Cleared to work with restrictions. No job available. Decided to go to school to get a less physically demanding job. Because she is in school, she can't collect unemployment.
Akinwunmi
He was fooling around with a client in the group home where he worked.
Alegria
HR called her in and told her to stop the vulgar language. She has a problem with their policy so she quit.
Andreozzi
"... the claimant was told to replace a printer ribbon. The claimant felt that she should have been asked as opposed to told." So she quit.
Ayanyan
Between her mother's illeness and childcare problems, she was unable to work.
Archway
She had been warned four times, but had refused to sign the warnings. She claims she never received warnings. She gave two weeks' notice. During the two weeks, she got in a heated argument with the supervusor, who fired her.
Armenio
She took care of animals for a vet. When a horse died, she got upset and criticized the way he had treated the animal. He fired her for that.
Arnold
No warning, no call, no show -- He just left and never came back.
Bessinger
Used the company telephone for $400 worth of personal long distance calls.
Bilobram
She quit because of stress; but she never gave the employer a chance to offer a less stressful position. New evidence won't be cosidered at the court appeal.
Biyevetskiy
A security guard did not observe the dress code.
Blom
Refused to clean a storm drain because he thought it was dangerous. The Board decides the facts. The court will not.
Brackett
She appealed too late.
Brodeur and Arnold
It's a catch-22. Both owned corporations, which paid them wages, and paid unemployment taxes on their wages. If their businesses had continued, they would't be unemployed. Because they have discontinued, they can't collect unemployment.
Brooks
he appealed three days too late. That's it. Taking this to court doesn't change the fact.
Brown
Sexual harassment is a good and compelling reason to quit. The victim may quit and collect unemployment.
Burkholder
Owing to day care problems, she cannot make herself available for a full time job.
Burrillville Racing
His wife came to visit him in the control room. They told him if it happened again, they would fire him. Then they found out he had copied a key to the room. They fired him.
C and J Jewelry
This company fails to get a new employer rate for a company they bought.
Cafe International
The owner's wife told her she could take a break; but the owner saw her taking that break and fired her for it.
Cambra
In the heat of July, two production workers got to squirting water at each other. Yes, that's all.
Carroll
She was put on light duty. She thought ocaisional typing wasn't light enough. She quit.
Carter-Paulino
Only available for light duty; but they don't have any light duty work.
Castro
He didn't like what they told him to do so he quit.
Celani
He did not return promptly from disability leave, so he was fired for being AWOL. But the new union contract was in limbo, so no AWOL provisions were in effect.
Central Tools
Problems with day care prevented her returning to work after an injury.
Charpentier
Refused to meet the dress code.
Chirilo
Says he faxed his appeal in time; but the Department claims they didn't get it until late. He can't prove when he faxed it.
Chmielinski
She left her job for mental illness.
Cimerol
A high school English teacher fooled around with a student.
City of Providence
A substitute teacher working day by day can collect unemployment.
Clayton
Sleeping on the job. Says his new blood pressure medication makes him sleepy. Doctor says it's unlikely.
Congdon
Appealed late.
Connors
She quit to retire with her husband to Florida.
Corcoran
Absent twenty percent of the time. Fired when didn't show for a seminar.
Costa
Work caused stress. The employer offered medical leave. She quit.
Cotoia
He refused to be reassigned to another task.
Coyne
Fired because she hadn't paid her union dues while she was out on sick leave.
Curria
He collected all his benefits. Now he wants more.
Daniels
She was arrested and jailed for several days. She never called in to work.
DaSilva
Told the employer he didn't want to work for them any more. But claims he didn't quit.
Davis
Cussed the supervisor and chest bumped him.
DeBeaulieu
He failed to report regularly to the unemployment office. All he had to do was call in.
DeCando
An amply paid "textile colorist" becomes unemployed when his plant shuts down. He cannot find similar work at similar pay anywhere. He wants a Relocation Allowance because he cannot find suitable work. But the court points out that suitable work does not have to pay any more than the weekly benefit.
Dion
Appealed a week too late.
Doherty
Walked off the job.
Downes
Submitted a letter of resignation. Later, decided not to quit, wanted to continue work. But employer opted to take the resignation.
Drew
Laid off from an $84k a year job. Because she refused sporadic work which earned $1,500 a year, they want to make her repay the benefits she received.
Dupont
Rather than discuss her job performance with her supervisor, she quit. Judged ineligible at first, eligible on appeal, ineligible on second appeal, and ineligible by this court.
Durr
Tardy. Warned. Tardy again.
Dziadzio
They had her doing two jobs; then they complained about her performance.
Ellsworth
She called the boss and asked him to fire her because she wanted to go back to school.
Enright
Argued with his supervisor about personal phone calls and use of internet.
Etchells
She is heavy. They glued candy to a dish then laughed at a video of her prying it off and eating it. She quit when she found they made fun of her.
Flanagan
The bossed cussed at her on the phone. She quit.
Forcier
Left on medical leave. Never came back at all. Did not return calls.
Fuss
Even though she has physical disabilities, she has shown that she can work at least part-time, and therefore she can collect unemployment after she quit her previous job with good cause.
Gallagher
He lost his license to drive a school bus because he pled no contest to a morals charge.
Gawlik
He collected partial unemployment while working a part time job. But he does not make himself available for full time hours.
Gears
When the hospital assigned her to work a different floor, she walked out.
George
She was injured on the job. That's when she found the employer did not have worker's compensation. So she applied for unemployment instead.
Guertin
Injured in an auto accident. Could not work. Did not timely fill out an application for FMLA. Did not inquire about light duty work.
Giarusso
Said she was sick of the place, gathered her stuff, walked out, wouldn't return their calls.
Gove
Government employees who make or advise policy are not eligible for unemployment.
Harrington
The company eliminated her job, but they offered her a similar job at the same rate of pay. She turned it down.
Harvey
Verbal altercation at a staff meeting.
Hill
He too early retirement when the company downsized. He does not collect.
Hollins
She goes to school full time and has two part time jobs. This means she is not available for full time work. So she can't collect unemployment.
Howland
From home, she wrote an email which went over her supervisor's head. When she wouldn't give him a copy, he fired her.
Ibrahim
She quit her poart time job in order to be available for more hours at her per diem job. It didn't work out.
Ingerson
He quit his job because he hoped to get another one. He does not collect.
Johnson
She got in a heated argument with her manager in public. All they asked was an apology and a promise she wouldn't do it again. She refused. They fired her.
Jones
She quit in order to move to another state where she did not have a job. This will not get her unemployment.
Jose
He got hurt at work and missed some time. He tried to stretch it out. They fired him.
Komorowski
He said he was going to quit to relocate. They sat down and talked it over and set a date. That's a quit.
Lambert
When the supervisor was out, he went into the supervisor's office and read a letter on the supervisor's desk, signed by five colleagues, complaining about him. So he quit.
Langstein
Had to hurry to Florida because her mother was ill. So they fired her!
Langton
Surfed the internet at work. Says depression made him do it.
Laughlin
He appealed too late. He says that's because he made a math mistake. The court says, yes, and you are still too late.
Laquerre
She was supposed to have the parents sign her time sheet. One time she neglected this, and they told her to initial it for them. Thereafter, she always initialed it for them.
LaRiccia
He had fifteen days to appeal. He took two and a half months. Going to court can't change that fact.
Letourneau
Could not work the mandatory overtime because he had to take care of the kids.
Lombardo
She complained that people complained about her and walked out. Why does she think she should collect unemployment for that?
Mancuso
The employer agreed not to fight his unemployment. But the Department decided to deny him anyway.
Mann
He appealed too late.
Marino
The chairman of the Board of Review heard the case all alone. One guy is not a board.
Marulanda
Quit because of medical problems.
Maxi Drugs
This company fails to escape successor-in-interest rates for a company they bought.
McCabe
She provided confidential employer documents to someone suing a colleague.
McCoy
Took time off for grand jury duty which he was not required to attend.
McGlynn
Because he collected worker's comp, he cannot collect unemployment also.
McNay
The manager of a fast food restaurant flirted by phone with a minor employee. But he collects because his inappropriate conduct was all off the job.
Mella
Attendance problems.
Miller
A salesman has a non-compete clause in his contract. His wife started a business in competition with the employer.
Mitchell
In six months of unemployment, he only applied for one job.
Mitchell
Frequently tardy.
Murphy
Discharged. Applied. Denied. Did not appeal because went back to work for same employer. Now it's too late.
Neri
A bank deposit came up missing. The manager did not wait to be fired; she quit. That's why she cannot collect.
Noelte
Received nearly ten grand in benefits. Has to pay it back because he did not look hard enough for a job.
Noonan
A custodian made several threats to the school and colleagues.
Noyes-Duguay
While she was gone, her patients complained about her. When she came back, she was fired.
Page
After seven years, the employer changed the rules. Now she had to be available on standby for emergencies. This would interfere with her personal life, so she quit. This court does not explain how these changed conditions do not constitute good cause for quitting.
Paige
When the doctor released her to go back to work, she had no child care, so didn't return.
Paola
He worked weekends; his wife worked weeks. When their daughter died, he quit to spend time with his wife during their grief.
Parra
He could not stay late to make up lost time because he rode with his brother, so he had to leave when his brother left.
Pena
Appealed to the Board, but failed to attend even by phone.
Phillips
A security guard was offered a supervisory position without a commensurate pay increase.
Piccoli
Three job applications per month does not satisfy the work search criteria.
Pimental
Failed to appear at her hearing.
Pombo
Poor attendance. Said it was because he was depressed. Didn't seek medical help.
Premier Staffing
A temp agency with a high tax rate tries to change name and ownership in order to get a brand new rate.
prison guard
She placed herself on leave for stress. Asked to provide a doctor's note, she did.
Provencal
She was out of work twenty full days and five partial days out of seventy-seven workdays. They made a "Last Chance Agreement". She missed six more days.
Quiroa
A dining room manager missed madatory weekly manager meetings.
Rabczak
They transferred him from first to third shift. He tried it; didn't like it; quit.
Ramirez
Did not return promptly from leave of absence.
Rasco
Went out on temporary disability and never returned. Claims harassment.
Raymond
Jailed. Released. Applied for unemployment saying he was laid off. Collected over five grand. Now has to pay it back.
Revens
She had a car wreck and could not work for several months. When released to work, she went, looked in the window, and saw someone else sitting in her place. So she left without going in.
Reyes
She struck her supervisor and threw scalding coffee on a colleague. But she thinks she should collect unemployment.
Richards
A telemarketer quit.
Rivas
He would not do what he was told.
Rivers
A home care worker had trouble getting an assignment because of car troubles.
Robbins
A temp was discharged from her assignment for violating the email policy. The temp service has no other assignment for her.
Rodriques
He says he was just pulling up his trousers. The HR director says he made a masty gesture.
Rosa
Collected unemployment for five months, but cannot show that she looked for work. Must pay back what she collected.
Rousseau
The employer said: if you don't like it, leave. So he left. That's a quit.
Rozzero
Worked one day; didn't like the job; took time off to look for other work; applied for benefits; told the employer and department different stories.
Sanchez
Rather that wait in line to puinch out, he went to the parking lot, started his car, then returned to punch out. Big woop.
Sangare
He appealed too late
Santana-Levy
Fired for repeated tardiness. Says it's not wilful misconduct because she has bipolar disorder. Has a doctor's note.
school crossing guards
School crossing guards receive a lump sum payment at the end of the year in lieu of vacation. This shall not disqualify them from unemployment, because they are not on vacation, but laid off.
Scott
Her social security disability pension should not be deducted from her unemployment benefits because her employer was a non profit.
Scuncio
Worked there 20 years. Out 3 months ill. When she returned, she was placed on probation. Quit.
Shannon Motors
A car dealer cheats salesmen on their commissions. This salesman quit.
Shannon
A gardener says he's working too hard. They hire an assistant to help him. He's still working too hard. he quits.
Sherman
Accepted an assignment for eight bucks an hours; then had second thoughts.
Siravo
Didn't like the job. Went to the office and said he wanted to quit. They prepared him a letter of resignation. Asked him was he sure. He said yes. Signed it.
Smith
Working at the Institute for the Practice and Study of Non-Violence is too stressful because of all the violence.
Smith
Customers complained about him.
Sorel
A cook cut her hand, went home because of the bleeding, and never came back.
Sousa
Poor performance is not misconduct.
Spardello
Injured off the job. Collected disability. Did not return to work.
Stevens
An EMT is arrested for drugs. Pending trial, he's suspended. Because he's suspended, he can't renew his EMT license. Because he has no license, he's fired. But none of this is job related.
Suazo
A temp worker's assignment ended. The temp agency says he never called for a new assignment. But he has phone records. He even went there in person.
Teczar
A meat cutter quit because his complaints that the shop methods contaminated the meat went unheeded.
Thompson
She was hired with the understanding there would be advancement. It never materialized, so she quit. But the problem is, she never got that promise in writing.
Thoresen
He had fifteen days to appeal the decision. He took more than a year and a half!
Torcoletti
Attendance problems. They said retire or get fired. He retired tp preserve benefits.
Torres
Another employee too a key to the safe and stole money. Because he was the manager at the time, and he had not secured the key, he was suspended.
Urban
A doctor under treatment for depression was frequently late for work.
Valesio
Only applied for one job.
Varfley
Circulated emails questioning employee evaluations by the supervisor.
Ventura
His production rate fell off. When asked why, he said he refused to work harder unless they paid more money.
Vieira
Repeated attendance problems. Warned, then fired.
Vigil
Out of town, and so appealed too late.
Villa
Showed up less and less. Finally, stopped coming in at all.
Voci
The business was sold. The new owner offered her a job; but she didn't want to work for him.
West
Her Navy husband was due to retire. They would have to move off base. They bought a house in another state. She quit to move there with him. Then the Navy extended his retirement.
Whitman
Childcare problems forced her to ask for part time work. The employer told her there was no part time work, that she should find another job, and that meanwhile she was to train her replacement. Then she found out her replacement was hired for part time work. So she quit.
Willems
She got mad when they changed her partner.
Williams
A milk truck driver did not get the milk to the schools on his route before lunch. After lunch is too late.
Wright
This seems odd. The U.S. Dept. of Labor said this plant should be eligible for trade adjustment assistance as of April 1997. The plant closed in March 1998. The state agency said the plant would be eligible for trade adjustment assistance as of April 1998. They give no reason why the state delayed a year, until after the plant closed. This court says the state can set any date it wants to.
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