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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re the Claim of Abbondanzo

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which ruled he was disqualified from receiving unemployment insurance benefits due to misconduct. The misconduct stemmed from a fight with a co-worker during business hours. The court found substantial evidence supported the Board's decision, noting that fighting with a co-worker constitutes disqualifying misconduct, especially given the claimant's prior admonishment for unprofessional conduct. The decision of the Unemployment Insurance Appeal Board was affirmed.

Unemployment InsuranceMisconductWorkplace FightingDisqualificationEmployment TerminationAppellate ReviewSubstantial EvidencePrior Admonishment
References
2
Case No. MISSING
Regular Panel Decision

Cunningham v. New York State Department of Labor

In this concurring opinion, Judge Abdus-Salaam argues against the majority's expansion of the workplace exception to the warrant requirement, asserting it infringes upon a government employee's reasonable expectation of privacy under the New York Constitution and the Fourth Amendment. The judge contends that placing a GPS device on a personal car to investigate workplace misconduct, even during work hours, requires a warrant. Citing cases like People v Weaver and United States v Jones, the opinion highlights the highly intrusive nature of GPS surveillance, which can reveal extensive personal information. It distinguishes the search of a personal vehicle from workplace searches permitted under O’Connor v Ortega, emphasizing that a personal car is outside the employer's control and traditional workplace boundaries. The opinion warns that allowing warrantless GPS tracking sets a dangerous precedent, potentially leading to widespread electronic surveillance of government employees based on a mere 'reasonableness' standard without judicial oversight.

GPS trackingWarrant requirementWorkplace exceptionFourth AmendmentNew York ConstitutionGovernment employeesPrivacy rightsWorkplace misconductElectronic surveillancePersonal vehicle search
References
11
Case No. MISSING
Regular Panel Decision

Connolly v. Williams

The court unanimously confirmed the determination of the Deputy Chief Administrative Judge, which found the petitioner guilty of misconduct and terminated his employment as a court officer. The misconduct involved unwanted physical contact and sexually suggestive remarks directed at three female co-workers. The petition challenging this determination was denied, and the proceeding brought under CPLR article 78 was dismissed. The court found substantial evidence supported the misconduct findings and that the penalty of dismissal was not unduly harsh. It also ruled that the petitioner's due process rights were not violated by the hearing officer's in camera review of investigative files or the denial of an adjournment to subpoena additional witnesses.

MisconductEmployment TerminationCourt OfficerSexual HarassmentDue ProcessDisciplinary ActionAppellate ReviewCPLR Article 78Substantial EvidenceFairness of Penalty
References
4
Case No. MISSING
Regular Panel Decision

In re the Claim of Belmar

Claimant, a school guard for the New York City Board of Education, was terminated after failing to disclose an arrest and conviction for third-degree criminal possession of a weapon. The incident occurred during nonworking hours, but the Administrative Law Judge and the Unemployment Insurance Appeal Board determined that his conduct constituted misconduct directly related to his position and posed a safety risk to students, thus disqualifying him from benefits. The appellate court affirmed the decision, ruling that misconduct affecting integrity, even if off-duty, bears a relationship to employment under Labor Law § 593 (4). The court also held that a certificate of relief from civil disabilities does not exempt an individual from a finding of ineligibility for unemployment benefits due to misconduct.

MisconductUnemployment BenefitsCriminal ConvictionSchool GuardWeapon PossessionOff-Duty ConductCertificate of ReliefCivil DisabilitiesBoard of EducationPersonnel Review
References
2
Case No. MISSING
Regular Panel Decision

In re the Claim of Meyerovich

The claimant, a maintenance technician, was discharged for misconduct after his manager observed him loafing on the job and he subsequently filed a workers' compensation claim for a back injury, which the employer alleged was false. The Unemployment Insurance Appeal Board disqualified the claimant from receiving benefits due to misconduct, a decision it adhered to upon reconsideration. The appellate court affirmed the Board's decision, finding substantial evidence in the manager's testimony that she did not observe the claimant using a shovel during her observation, thus supporting the finding of a false workers' compensation claim and misconduct. The court also noted that conflicting testimony presented a credibility issue for the Board to resolve and that prior Workers' Compensation Board decisions were not final regarding the accidental injury issue, thus lacking collateral estoppel effect.

MisconductUnemployment Insurance BenefitsFalse Workers' Compensation ClaimSubstantial EvidenceCredibility IssueDischarge from EmploymentLoafingProbationAppeal Board DecisionAffirmation
References
6
Case No. W2015-00796-COA-R3-CV
Regular Panel Decision
Sep 08, 2015

Virginia H. Sanders v. Commissioner of Department of Labor and Workforce Development

Virginia H. Sanders appealed the denial of her unemployment compensation claim, stemming from her termination for alleged workplace misconduct at Baptist Memorial Hospital. Initially, the Department of Labor denied benefits, a decision reversed by the Appeals Tribunal. However, the Commissioner's Designee subsequently reversed the Tribunal, finding Sanders' actions constituted misconduct. The Chancery Court for Shelby County affirmed the Designee's decision. On appeal, the Tennessee Court of Appeals upheld the Chancery Court's ruling, concluding that substantial and material evidence supported the finding that Sanders' actions, including escalating a dispute and making a statement interpreted as a threat, violated hospital policy and constituted work-related misconduct, thereby disqualifying her from unemployment benefits.

Unemployment BenefitsWorkplace MisconductEmployee DischargeAppeals Court DecisionAdministrative Law ReviewSubstantial Evidence StandardEmployer Policy ViolationVerbal AltercationPro Se RepresentationTennessee Law
References
42
Case No. MISSING
Regular Panel Decision

Kagha v. Carter

Petitioner, a hospital courier, was discharged by respondent Westchester County Medical Center following sustained charges of misconduct, including 72 specifications of lateness, unauthorized absences, and failure to follow reporting procedures. Petitioner challenged the termination, asserting a violation of Workers' Compensation Law § 120 due to a reopened workers' compensation case and arguing a doctor's note justified his absences. The court rejected the Workers' Compensation claim, noting the Workers' Compensation Board's exclusive jurisdiction, and dismissed the doctor's note argument, emphasizing the employer's established call-in policy and petitioner's history of time and leave abuses. The court ultimately confirmed the determination, finding the penalty of discharge proportionate to the pattern of misconduct.

MisconductTermination of EmploymentCPLR Article 78Civil Service Law § 75Workers' Compensation Law § 120Time and Leave AbusesUnauthorized AbsenceCall-in PolicyJudicial ReviewPenalty Proportionality
References
1
Case No. MISSING
Regular Panel Decision

In re the Claim of Shapiro

The claimant appealed a decision by the Unemployment Insurance Appeal Board that disqualified him from receiving benefits due to misconduct. This was the claimant's second application for reconsideration, seeking to submit new evidence regarding who closed the register early. The court affirmed the Board's denial of the second application, noting the claimant's failure to provide new evidence and his prior testimony admitting to the misconduct. The court found no abuse of discretion in the Board's decision.

Unemployment InsuranceMisconductAppeal BoardReconsiderationAdministrative LawEvidenceJudicial ReviewEmployment TerminationDue ProcessClaimant Rights
References
4
Case No. MISSING
Regular Panel Decision

In re the Claim of Tandon

The claimant appealed a decision from the Unemployment Insurance Appeal Board, which had disqualified him from receiving unemployment insurance benefits due to employment termination caused by misconduct. The record supported the finding that the claimant's discharge stemmed from misconduct, specifically his unauthorized reading of a memorandum regarding his job performance, despite prior warnings about using co-workers' property without permission. The court found that these actions were not inadvertent and were detrimental to the employer's interest. Consequently, the Board's decision was affirmed without costs.

Unemployment InsuranceMisconductJob PerformanceUnauthorized Use of PropertyEmployment TerminationAppeal BoardBenefits DisqualificationAppellate DecisionWorkplace RulesEmployee Conduct
References
1
Case No. MISSING
Regular Panel Decision

Richards v. Stolzenberg

Petitioner, an employee at Westchester County Medical Center, challenged a determination by the Commissioner of Hospitals of Westchester County that terminated her employment for misconduct. The misconduct involved two incidents where she allegedly attempted to pull down male co-workers' trousers, violating sexual harassment policy and the Ethics Code. While the court upheld findings related to the sexual harassment policy, it found no basis for violating the Ethics Code, as the code lacked relevant provisions. Consequently, two specifications were dismissed, and the case was remitted for a reassessment of the penalty.

Employment TerminationMisconductSexual Harassment PolicyEthics CodeCPLR Article 78Judicial ReviewAdministrative LawAppellate CourtWestchester CountyCredibility Assessment
References
3
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