West Virginia Div. of Justice and Community Services v. Ginger McLaughlin

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Petitioner appeals the Final Order of the circuit court that reversed the decision of Board of Review and reinstated unemployment compensation benefits for respondent. The Board of Review affirmed the decision of the ALJ that ruled that respondent employee was disqualified from receiving unemployment benefits as she was terminated for “gross misconduct.” Respondent, an accountant/auditor, was terminated after being arrested for, but never convicted of, misdemeanor possession of marijuana while on family/medical leave.