Courtney v. Rutledge
In Courtney v. Rutledge, 177 W. Va. 232, 351 S.E.2d 419 (1986), the Court employed the Michigan definition of misconduct to conclude that because written instructions provided by an employer did not indicate that failure to follow the instructions would result in the employee's termination, an employee who failed to follow the written instructions had not engaged in conduct falling within the statutory definition of gross misconduct.
The employee was deemed guilty of simple misconduct and was thus subject to only a six week disqualification from unemployment compensation benefits. Id. at 235-36, 351 S.E.2d at 422.