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Rhode Island Unemployment Case Law

These cases are from the Rhode Island Board of Review

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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.
Eason: Frequently tardy or absent.
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.
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.
Mitchell: In six months of unemployment, he only applied for one job.
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.
Rodriguez: 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.
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.
Tezcar: A meat cutter quit because his complaints that the shop methods contaminated the meat went unheeded.
Thoreson: 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.