The Administrative Law Judge Decides In E.'s Favor

I was surprised the appeal worked:

An individual is disqualified for benefits if the individual left the most recent work voluntarily without good cause or the individual was discharged for misconduct connected with the most recent work.

...In this case, the claimant's failure to pass the required tests for obtaining her certification was the result of poor performance and inability. Therefore, the claimant did not deliberately disobey a lawful and reasonable instruction by an employer. Accordingly, the claimant was discharged for reasons other than misconduct connected with her most recent work. The claimant is not disqualified for benefits....