On Claimant’s last workday, another employee’s car was parked outside of Employer’s location in a strip mall. Employer’s sales manager noticed that the car had writing on it, specifically: “I love d*cks.”
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The Court concluded (by a vote of 2-1) that this was "willful misconduct" and therefore the employee was not eligible for unemployment compensation benefits. This is a close case, mainly because it occurred during lunch and outside of the actual workplace, there was no actual damage to the vehicle, and there does not appear to be a pattern of harassment. The employee contends it was just a joke. Judge Friedman dissented, noting that the "conduct was questionable" but that in her opinion the employee should have received benefits.