Employee terminated after refusing to work overtime
Mack v Comm. of Labor, 257 AD2d 828
One of the requirements of toll collector Tijuana R. Mack’s employment was that she occasionally was needed to work overtime before or after her regular shift. However, she declined to accept a number of overtime assignments and was given a number of written warnings.
After she once again refused to accept an overtime assignment, she was discharged. When she applied for unemployment insurance, her claim was rejected on the grounds that her refusing the overtime assignment constituted disqualifying misconduct.
The Appellate Division affirmed the Unemployment Insurance Appeals Board’s determination, holding that “an employee’s refusal to accept reasonable overtime work assignments when he or she has agreed to do so at the time of hiring can constitute disqualifying misconduct” for the purposes of qualifying for unemployment insurance benefits.
NYPPL