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HERNANDEZ v. DEPT. OF LABOR

No. 751, Sept. Term, 1997.

711 A.2d 243 (1998)

122 Md. App. 19

Jennifer HERNANDEZ v. DEPARTMENT OF LABOR, LICENSING AND REGULATION.

Court of Special Appeals of Maryland.

June 11, 1998.

Attorney(s) appearing for the Case

David C. Shroeder (Richards, McGettigan, Reilly & West, P.C., on the brief), Alexandria, VA, for Appellant.

Matthew W. Boyle, Staff Atty. (J. Joseph Curran, Jr., Atty. Gen. and Lynn M. Weiskittel, Asst. Atty. Gen., on the brief), Baltimore, for Appellee.

Before MURPHY, C.J., and BYRNES, J., and MARVIN H. SMITH, Judge (retired, Specially Assigned).

MARVIN H. SMITH, Judge (retired, Specially Assigned).

In this case we shall hold as a matter of law that appellant Jennifer Hernandez (Hernandez) was not guilty of willful conduct and therefore could not be guilty of gross misconduct under the unemployment compensation law. We shall further hold that she was guilty of negligence and thus of misconduct. Accordingly, we shall reverse the judgment of the Circuit Court for Baltimore City and remand for further proceedings...

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