Refusal to work that results in the loss of employment does not constitute disqualifying misconduct if the employee’s refusal is attributable to a substantiated health problems
Matter of Lewis (County of Livingston--Commissioner of Labor), 2012 NY Slip Op 00876, Appellate Division, Third Department
After Cindy L. Lewis, a certified nursing assistant employed by a county-owned nursing home, refused to work mandated overtime* shifts on two occasions Lewis County terminated her employment was terminated. Ultimately the Unemployment Insurance Appeals Board ruled that Lewis was entitled to unemployment insurance benefits.
Lewis County appealed but the Appellate Division sustained the Board’s determination.
The court explained that whether an employee's failure to work the required hours rises to the level of disqualifying misconduct is a factual issue for the Board to resolve and its determination will not be disturbed when supported by substantial evidence.
The critical factors were that Lewis’ doctor issued notes that indicated that she was medically restricted with regard to the amount of overtime she could work during the relevant period, and the record indicated that the employer had been notified of those restrictions.
Noting that it has been held that the loss of employment attributable to substantiated health problems will not constitute disqualifying misconduct, the Appellate Division said that it declined to disturb the Board's decision.
* An agreement between the employer and Lewis’ union provided that the employer could mandate that staff work overtime, a procedure known as "mandation."
The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2012/2012_00876.htm
