WEDGEWOOD v. DIRECTOR OF THE DIV., EMP. SEC.

No. 86-1366.

25 Mass. App. Ct. 30 (1987)

514 N.E.2d 680

JERRY A. WEDGEWOOD vs. DIRECTOR OF THE DIVISION OF EMPLOYMENT SECURITY & another.

Appeals Court of Massachusetts, Suffolk.

November 3, 1987.


Attorney(s) appearing for the Case

John F. Palmer for the employee.

Wendy Thaxter, Assistant Attorney General, for the Director of the Division of Employment Security.

Present: DREBEN, KASS, & FINE, JJ.


FINE, J.

Jerry A. Wedgewood was employed for fifteen years as a maintenance worker by Boston College. He worked the night shift. On March 22, 1985, he was discharged from his employment for falling asleep while on duty. He had previously been found asleep on the job and had been warned that if it happened again he would be discharged. Although he had been having personal problems which caused him to be short of sleep, he had declined the offer of a leave of absence...

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