ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

July 07, 2016

An individual is disqualified from receiving unemployment insurance benefits if he or she lost his or her employment as a result of acts constituting a felony


An individual is disqualified from receiving unemployment insurance benefits if he or she lost his or her employment as a result of acts constituting a felony
Matter of Valvo (Commissioner of Labor), 2016 NY Slip Op 05017, Appellate Division, Third Department

Labor Law §593 (4) provides that a person who loses his or her employment as a result of an act constituting a felony in connection with such employment is disqualified from receiving benefits for 12 months following the end of such employment. As the Court of Appeals explained in Matter of Sinker [Sweeney], 89 NY2d 485, "a felony is 'in connection with' employment for purposes of Labor Law §593(4) if it results in breach of a duty, express or implied, [a] claimant owes an employer."

Nicholas Valvo, a sanitation worker for a municipal employer, was arrested on charges of grand larceny in the third degree and scheme to defraud in the second degree. His employment with the municipality was terminated on February 28, 2013 based upon his disciplinary history and the arrest. He then applied for, and received unemployment insurance benefits, including regular and emergency unemployment insurance compensation benefits, totaling $16,488.

Valvo subsequently resolved the criminal charges filed against him by pleading guilty to two counts of grand larceny in the second degree and grand larceny in the third degree.

The Department of Labor, however, issued an initial determination finding that, among other things, that Valvo was disqualified from receiving unemployment insurance benefits under Labor Law §593(4) because he had lost his employment as a result of acts constituting a felony. The Department charged him with a recoverable overpayment of the unemployment insurance benefits he had received and assessed a penalty of $2,473 due to his willful misrepresentations to obtain such benefits.The Unemployment Insurance Appeal Board sustained the Department’s decisions and Valvo its ruling.

The Appellate Division upheld the Appeal Board’s decision, explaining that Valvo’s “larcenous conduct raised serious questions as to his integrity and suitability for municipal employment … given the detrimental impact his continued employment could have had upon the public's trust in municipal employees.” Accordingly, said the court, it saw no reason to disturb the Board's determination that Valvo’s misconduct was sufficiently connected to his employment as to disqualify him for unemployment insurance benefits.

The decision is posted on the Internet at:

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.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, 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, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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.
New York Public Personnel Law. Email: publications@nycap.rr.com