Willful Misconduct

Third Department Affirms Unemployment Insurance Appeal’s Board Finding Of No Misconduct Due To Unintentional Internet Usage

In the Matter of the Claim of Jay Osborne, 102 A.D.3d 1048 (3d Dep’t Jan. 24, 2013): In this case, the plaintiff was terminated for violating his employer’s policy against personal use of the Internet during work hours...more

Employee's History Of Absenteeism Sufficient To Deny UC Benefits Even If Final Incident Justified

Historically, in determining whether an employee discharged for absenteeism and tardiness was eligible for unemployment compensation benefits, the court’s analysis had focused on the final incident that led to termination....more