Failure to cooperate in an employer’s investigation held disqualifying misconduct for the purposes of receiving unemployment insurance benefits

Failure to cooperate in an employer’s investigation held disqualifying misconduct for the purposes of receiving unemployment insurance benefits

Matter of Ortiz (New York Eye & Ear Infirmary--Commissioner of Labor), 2012 NY Slip Op 05369, Appellate Division, Third Department

An administrative assistant was terminated from her position for insubordination after she refused to cooperate with her employer's investigation of an earlier incident involving an angry dispute between the administrative assistant and an employee of a tenant.

The Unemployment Insurance Appeal Board denied the administrative assistant from unemployment insurance benefits after it determined that she had lost her job due to her misconduct.

The Appellate Division affirmed, explaining “An employee's failure to comply with an employer's reasonable request may constitute insubordination rising to the level of disqualifying misconduct."

The administrative assistant conceded that she had refused repeated requests by her employer’s director that she discuss the incident with him. Given the reasonableness of this request and the absence of a compelling reason for administrative assistant's refusal, the court said that it found no basis to vacate the Board's decision.

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2012/2012_05369.htm