UB Services, Inc. v. Gatson

In UB Services, Inc. v. Gatson, 207 W. Va. 365, 532 S.E.2d 365 (2000), the Court concluded that a claimant's act of savagely beating a co-worker during a domestic dispute at the claimant's residence was so outrageous that it shocked the conscience and constituted gross misconduct, despite the fact that the beating did not occur on the employer's premises. 207 W. Va. at 369, 532 S.E.2d at 369. However, in the course of reaching its conclusion, the UB Services Court characterized the Michigan definition of misconduct, found in Carter and quoted above, as a definition of gross misconduct, not just "misconduct."