Failure to follow prescribed treatment ruled misconduct
DeCherro v. Ross, 83 A.D.2d 709
Supervisors frequently are told be an employee that he or she cannot work because of illness. Sometimes this results in the employee being terminated from his or her position.
In DeCherro the Appellate Division upheld a finding by the Unemployment Insurance Appeals Board that the employee “while...suffering from an illness, has made no reasonable effort to pursue a course of treatment...conduct contrary to the best interests of the employer.”
Although there was no doubt that DeCherro was suffering from an illness, his claim for unemployment benefits was denied “because he lost his employment due to misconduct.”
The court explained DeCherro did not show that his illness would interfere with following simple directions or that his work assignments would render him unable to follow routine treatment recommendations.
