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Employee's dismissal for not taking scheduled lunch breaks held disqualifying misconduct for the purposes of qualifying for UI benefits

Employee's dismissal for not taking scheduled lunch breaks held disqualifying misconduct for the purposes of qualifying for UI benefits
Gil v Commissioner of Labor, 2010 NY Slip Op 04312, decided on May 20, 2010, Appellate Division, Third Department

The Appellate Division confirmed a determination by the Unemployment Insurance Appeals Board denying benefits to Teresa D. Gill after she was terminated from her employment with the Middletown Community Health Center, Inc.

The reason for Gil?s disqualification: she didn?t take her scheduled lunch breaks. In this instance, said the Board, not taking lunch breaks as scheduled constituted ?disqualifying misconduct? insofar as her eligiblity for unemployment insurance benefits were concerned.

Instead of taking lunch breaks as scheduled by her employer, Gil would leave work to run personal errands and then skipped her lunch break in an effort ?to make up the lost time.?

Gil?s supervisor instructed her to take her lunch at a specific time and use her personnal leave credits for absences. Despite her supervisor?s instructions, if Gil arrived late to work she did not charge her leave credits but, instead, did not take her lunch break as scheduled.

As a result, Gil was terminated from her position with the Health Center.

The Board concluded that Gil had refused to obey reasonable rules set by her employer despite being instructed to follow its rules and procedures. It ruled that her actions constituted misconduct within the meaning of the Unemployment Insurance Law, thus disqualifing her for unemployment insurance benefits.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_04312.htm

Full post as published by New York Public Personnel Law on May 24, 2010 (boomark / email).