PER CURIAM.
The self-represented plaintiff, James Davis III, appeals from the judgment of the Superior Court dismissing his appeal from the decision of the Employment Security Board of Review (board). On appeal, the plaintiff claims that the decision of the appeals referee (referee) finding that he engaged in wilful misconduct and therefore was ineligible to receive unemployment compensation benefits was unreasonable and unsupported by the evidence in the record. The plaintiff also challenges the subsequent decision of the board, which affirmed the referee's decision, and the dismissal of his appeal by the Superior Court. We affirm the judgment of the Superior Court.
The following facts and procedural history are relevant to our disposition of the plaintiff's appeal. The plaintiff was an employed driver for the defendant Teddy's Transportation System, Inc. (Teddy's), from July 21, 2010, until his termination on January 7, 2012. After a formal complaint was filed by a coworker, the plaintiff was disciplined for making racially inappropriate comments. John Martinez, a manager at Teddy's, met with the plaintiff on January 2, 2012, and warned him that his job was in jeopardy due to his inappropriate actions. Two days later, on January 4, 2012, Martinez e-mailed the plaintiff, as well as other employees, and informed them that they were scheduled to attend a mandatory monthly harassment class on January 18, 2012. Martinez informed the employees to notify him in the event that they had any "issues."
The plaintiff responded to the e-mail as follows: "Yes I do have issues. I don't harass anyone and I don't feel like I'm being [harassed]. In the course of working daily or nightly [sometimes] people have differences and express themselves differently, [does] that mean they need therapy? I have no problems with the customers or being on time and taking them to their location [without] incident what more you want, if [that's] not good enough I suggest you give me a pink slip I'll walk." The plaintiff's employment was terminated on January 7, 2012, and he applied to receive unemployment benefits.
When considering an appeal from the board, we have stated that "[a] plaintiff's failure to file a timely motion [to correct] the board's findings in accordance with [Practice Book] § 22-4 prevents further review of those facts found by the board.... In the absence of a motion to correct the findings of the board, the court is not entitled to retry the facts or hear evidence. It considers no evidence other than that certified to it by the board, and then for the limited purpose of determining whether ... there was any evidence to support in law the conclusions reached. [The court] cannot review the conclusions of the board when these depend upon the weight of the evidence and the credibility of witnesses.... Practice Book § 22-9(a)."
In the absence of a motion to correct pursuant to Practice Book § 22-4, this court looks to whether there was any evidence to support the conclusions reached by the board. The board, in its decision affirming the decision by the referee, found: "[T]he record reveals that the [plaintiff] had a history of communication problems.... The incident that triggered the [plaintiff's] discharge occurred on January 6, 2012, when the [plaintiff] replied to the general manager's e-mail directing him to attend a mandatory class on harassment.... Because the [plaintiff] had argued with another dispatcher on January 4, 2012, we find that the general manager's directive to attend the training was reasonable. The [plaintiff's] belief that he was not harassing anyone does not justify his insubordinate reaction to the
The judgment is affirmed.