Larry v. National Rehabilitation Hospital

Summary

The District of Columbia Court of Appeals reviewed the denial of unemployment compensation benefits to Sharion R. Larry after her discharge for absenteeism under the employer's no-fault attendance policy. The court held that the administrative law judge was required to determine whether Larry's absence was willful or deliberate, including by assessing the credibility of her asserted illness. The court vacated the decision and remanded for further proceedings.

Holdings

1. Absence or tardiness, even when repeated and following warnings, cannot alone establish gross misconduct; the agency must consider the reasons for the conduct and determine whether the employee acted deliberately or willfully or in disregard of obligations and expected standards of behavior.
2. The OAH decision must be vacated and remanded because the ALJ failed to make a finding regarding the credibility of Larry's explanation that she was seriously ill, leaving no supported finding that her absence was willful or deliberate.

Questions Presented

1. Whether repeated absence or tardiness following warnings constitutes gross misconduct under D.C. Code § 51-110 and 7 DCMR §§ 312.3 and 312.4 without considering the reasons for the absence.
2. Whether the OAH decision could stand when the ALJ failed to determine whether Larry's claimed illness was credible and whether her absence was willful or deliberate.

Disposition

vacated