New York Public Personnel Law: Unemployment insurance benefits denied individual terminated for to follow employer's procedure

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."

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.