Aglinsky had been warned of his conduct on four other occasions. After his termination, Aglinsky filed for unemployment compensation benefits. The issue was whether Aglinsky s behavior resulted in gross misconduct, disqualifying him from receiving unemployment compensation benefits. The West Virginia Supreme Court of Appeals held that writing a personal note on a ticket does not rise to the level of gross misconduct as defined by the West Virginia Code. Additionally, the Court opined that Aglinsky s cumulative misconduct did not rise to the level of gross misconduct.
Cumulative misconduct can amount to gross misconduct.
However, tallying the incidents of misconduct does not determine if prior misconduct constitutes gross misconduct. Underlying misconduct needs independent examination. Therefore, the Court examined Aglinsky s underlying conduct of each incident and found Aglinsky s cumulative misconduct did not constitute gross misconduct for unemployment compensation purposes. This cause of action involved an employee s accusation of employer s fraudulent misrepresentation concerning employee s workers compensation claim. Plaintiff s workers compensation claim was denied.