Aaron Mason v. Unemployment Compensation Act, Administrator et al. (2011)

MEMORANDUM OF DECISION RE MOTION FOR JUDGMENT

The court has reviewed the record certified to it by the Board of Review, the defendant's motion for judgment, the plaintiff's pleadings, and has considered all of his submissions and arguments.   The plaintiff did appear at oral argument.

The court has no authority to find facts in an unemployment compensation appeal hearing.   It is limited to reviewing the records certified to it by the Board of Review.   Credibility of witnesses is evaluated at the administrative level and not in this court hearing.

The Board of Review determined that the claimant, Aaron Mason was ineligible to receive benefits because he was terminated, for willful misconduct.

Mr. Mason indicated to this court that there was a change in the climate of the company.   That he worked for approximately thirteen years for the company, and had an excellent work record.   He was surprised he was terminated without a three-stage process.   He thinks new management didn't like a lot of the employees.   My opinion of this young man is that he would be an excellent employee for anyone.   The court noted that he was wearing a shirt, indicating he worked for the Norwalk public schools.   My estimate is that he is probably an excellent employee.   This court, however, does not try this case from its beginning (de novo).

The decision of the Board of Review follows reasonably from the facts found and correctly applies the law to those facts.   The decision is not arbitrary, capricious or contrary to law.   The decision is affirmed and the motion for judgment # 102.00 dated February 16, 2011 is granted.

The appeal is dismissed.

BY THE COURT

EDWARD R. KARAZIN

JUDGE TRIAL REFEREE

Karazin, Edward R., J.T.R.