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Termination for disrespectful conduct dual constitutes disqualifying misconduct for the purposes of claiming unemployment insurance benefits

Termination for disrespectful conduct dual constitutes disqualifying misconduct for the purposes of claiming unemployment insurance benefits
Matter of Davis v Commissioner of Labor, 2009 NY Slip Op 05922, decided on July 23, 2009, Appellate Division, Third Department

Deborah Davis worked as a school district secretary for approximately 2½ years. She was found guilty of numerous charges of incompetence and insubordination following a disciplinary hearing held pursuant to Civil Service Law §75 and the penalty imposed was termination.

Davis filed an application for unemployment insurance benefits following her termination.

Ultimately the Unemployment Insurance Appeal Board disqualified her from receiving unemployment insurance benefits on the ground that she was terminated due to her misconduct.

The Appellate Division affirmed the Board?s decision, commenting that Davis had been given ?a full and fair opportunity to litigate the numerous charges of misconduct at the hearing held pursuant to Civil Service Law §75.?

Accordingly, said the court, the Board properly accorded collateral estoppel effect to the Hearing Officer's factual findings.

In addition, the record of the unemployment insurance hearing considered ?the many instances of incompetence and insubordination providing the basis for the disciplinary charges of which [Davis] was found guilty.? The Board?s conclusion: ?such behavior, which largely involved disrespectful conduct, constituted misconduct disqualifying [Davis] from receiving unemployment insurance benefits.?

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_05922.htm

Full post as published by New York Public Personnel Law on August 12, 2009 (boomark / email).