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Employee terminated following loss of a license required to perform the duties of the position

Employee terminated following loss of a license required to perform the duties of the position
Lytle v U.S. Postal Service, 257 AD2d 779

One of the conditions of Christopher M. Lytle?s employment by the United States Postal Service was that he posses a valid driver?s license so that he could perform his postal duties.

Lytle was arrested for driving while intoxicated and his license was suspended. As he could not lawfully drive a motor vehicle, he was terminated from his position. Finding that he was ?terminated due to misconduct,? the Unemployment Insurance Appeals Board denied his application for unemployment insurance benefits.

The Appellate Division sustained the board?s ruling, holding that since Lytle ?engaged in a voluntary act which violated a reasonable condition of his employment, we decline to disturb the Board?s decision that [Lytle?s] behavior constituted disqualifying misconduct.?
NYPPL

Full post as published by New York Public Personnel Law on November 17, 2010 (boomark / email).