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September 20, 2011

Unemployment insurance benefits denied individual terminated for to follow employer's procedure

Unemployment insurance benefits denied individual terminated after failing to  follow employer's procedure
Cordova v Commissioner of Labor, 277 A.D.2d 623

Sonia Cordova's application for unemployment insurance benefits was rejected by the Unemployment Insurance Appeals Board after it determined that she was disqualified for benefits because she was terminated from employment for misconduct.

Cordova, the program director at a senior citizen center, was dismissed because she purchased furniture without soliciting bids from vendors or obtaining the requisite written approval for such purchases in violation of her employer's policies and procedures.

The Appellate Division sustained the Board's decision, commenting that "[g]iven [Cordova's] knowing disregard of the employer's purchasing policy and prior conduct, substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant engaged in disqualifying misconduct."

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