Failure to maintain a residence within the employer’s geographic jurisdiction deemed disqualifying misconduct for unemployment insurance purposes
Matter of Dwaine E. Williams v Commissioner of Labor, 47 AD3d 994
Dwaine E. Williams, a school safety agent with the New York City Police Department for some six years, lived in Westchester County. The City discharged Williams from his position for failing to comply with a provision of the New York City Administrative Code that mandated that he maintain a residence within New York City.
His application for unemployment insurance benefits was rejected on the grounds that his employment was terminated due to misconduct; i.e., failing to comply with his employer’s residency rules.
Finding that City’s residency requirement is a reasonable rule that Williams elected to ignore, the Appellate Division sustained the rejection of Williams’ application for unemployment insurance benefits, holding that "[i]t is well settled that the failure to comply with an employer's reasonable rules can constitute misconduct disqualifying one from receiving unemployment insurance benefits."
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