Metropolitan Life Insurance Co. v. Gatson
In Metropolitan Life Insurance Co. v. Gatson, 200 W. Va. 656, 490 S.E.2d 743 (1997), the Court utilized the Michigan definition for misconduct in affirming an award of benefits to an employee who had been discharged for insubordination in connection with using a privately retained and paid secretary.
The Court reasoned as follows:
If Mr. Cutright had continued to allow his privately retained secretary to access Metropolitan's records after receiving written conformation of the prohibition, such acts would constitute "misconduct" because they would be a deliberate violation of the company policy and they would "show an intentional and substantial disregard of the employer's interest."
(200 W. Va. at 660, 490 S.E.2d at 747.)