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Employee terminated after refusing to sign a statement acknowledging a ?verbal warning? given to her by her supervisor

Employee terminated after refusing to sign a statement acknowledging a ?verbal warning? given to her by her supervisor
Matter of Rey-calderon v Commissioner of Labor, 2009 NY Slip Op 01562, Decided on March 5, 2009, Appellate Division, Third Department

Wanda Rey-calderon, a school bus dispatcher, for the employer reported late to work and her supervisor gave her a verbal warning and a written acknowledgment of the verbal warning for her to sign. Rey-caleron refused to sign the written acknowledgment and she was discharged from her position.

When she applied for unemployment insurance benefits, the Unemployment Insurance Appeal Board ruled that she was disqualified from receiving such benefits because her employment was terminated due to her misconduct. Rey-calderon appealed the Board?s determination based on her ?differing account? of what led to her termination.

The Appellate Division sustained the Board's decision, holding that "The question of whether a claimant has engaged in disqualifying misconduct presents a factual issue for the Board to resolve and its decision will be upheld if supported by substantial evidence."

In this instance the court found that, among other things, that testimony that Rey-calderon had repeatedly refused to sign the warning, and that a heated exchange had occurred regarding her refusal, constituted substantial evidence in support of the Board's determination.

The differing accounts of what transpired on the morning in question , said the Appellate Division, presented a credibility issue for the Board, rather than the court, to resolve.

The full text of the decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_01562.htm

Full post as published by New York Public Personnel Law on March 11, 2009 (boomark / email).