Best Lawblog Contest for 2017 now being conducted by The Legal Institute

From now until
September 15th, 2017, Lawblog fans can nominate their favorite blogs and bloggers for inclusion in the voting round of 2017. As in previous years, the nomination process is competitive, meaning the more nominations a blog receives, the more likely it is to be included in the public voting stage of the contest.

To access the link to the nomination form, click on:

https://www.theexpertinstitute.com/blog-contest/?utm_source=email&utm_medium=email&utm_content=CTA&utm_campaign=blog-contest-8.14.2017-general

Friday, December 16, 2011

Unemployment Insurance Appeals Board must make an independent determination as to whether the employee was dismissed for misconduct within the meaning of the Labor Law.


Unemployment Insurance Appeals Board must make an independent determination as to whether the employee was dismissed for misconduct within the meaning of the Labor Law.
Ranni v. Ross, 84 A.D.2d 858

The arbitrator found the employee guilty of misconduct, gross insubordination and failure to properly perform his duties. The penalty of dismissal was imposed.

Later the former employee claim for unemployment benefits was denied on the basis of the arbitrator’s disciplinary determination.

The Appellate Division ruled that “an employer may be completely justified in discharging an employee, yet the grounds for the firing may not constitute misconduct within the meaning of Section 593.3 of the Labor Law.”

As the Unemployment Insurance Appeals Board relied exclusively on the arbitrator’s findings regarding the dismissal, the Court said that “there is no substantial evidence in the record (before the Board) to support the Board’s denial of the claim” and sent the matter back to the Board for further consideration.

N.B. Section 593.3 does not define “misconduct” but merely refers to it in connection with the calculation of periods of time in connection with disqualification for benefits.) One judge, in a dissent, argued that the employee should not be given the opportunity to relitigate the disciplinary action within the context of an unemployment insurance claim.

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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 in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.