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CROSS v. DEPARTMENT OF EMPLOYMENT & TRAINING

No. 85-506.

523 A.2d 1247 (1987)

Robert CROSS v. DEPARTMENT OF EMPLOYMENT AND TRAINING. Appeal of (BURLINGTON DRUG COMPANY.)

Supreme Court of Vermont.

February 6, 1987.

Attorney(s) appearing for the Case

John J. Boylan, Jr., Burlington, for plaintiff-appellee.

H. Joseph Gamache of Sylvester & Maley, Inc., Burlington, for defendant-appellant.

Before ALLEN, C.J., HILL, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

BARNEY, Chief Justice (Ret.), Specially Assigned.

This is an employee discharge case, with plaintiff Cross seeking unemployment benefits. The Claims Examiner and Appeals Referee denied benefits for misconduct connected with his work, to wit, insubordination. The Board reversed, awarding benefits, finding the grounds for discharge did not amount to misconduct within the meaning of the unemployment compensation law. The employer appeals.

The plaintiff had been...

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