Disqualification for unemployment insurance benefits
Rivera v Commissioner of Labor, 298 A.D.2d 673
As a general rule, termination for misconduct will disqualify an applicant for unemployment insurance benefits. In the Rivera case, the New York City Department of Citywide Administrative Services controverted the claim for unemployment insurance filed by one of its former employees, Emerita Rivera, on the grounds that she had been terminated for misconduct.
The Unemployment Insurance Appeal Board agreed, and ruled that Rivera was disqualified from receiving unemployment insurance benefits because she had been terminated due to her own misconduct. The Appellate Division sustained the Board's determination.
The court pointed out that substantial evidence in the record supported the Board's decision. The Appellate Division noted that the record established that, prior to her termination, Rivera:
1. Refused to perform field-monitoring duties associated with her position as a Contract Specialist II despite being warned that she could be discharged for insubordination is she refused to perform her field duties.
2. That although Rivera had been granted a medical leave of absence, she failed to submit any medical documentation substantiating her request to be placed in a "restricted duties" status.
3. When Rivera was examined by the employer's physicians, the physicians concluded that she was medically and psychologically able to perform the duties of her position.
Under these circumstances, said the court, "we find no reason to disturb the Board's decision" and dismissed Rivera's appeal.