Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: the Claim of Audrey R. JONES, Appellant. Interboro Mutual Indemnity Insurance Company, Respondent. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 29, 1997, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant was terminated from her employment as a clerk for an insurance company following her unauthorized absence from work. Claimant had previously been warned that her poor attendance was jeopardizing her job. Upon review of the record, we conclude that there is substantial evidence in the record to support the Unemployment Insurance Appeal Board's ruling that claimant lost her employment under disqualifying circumstances. “It is well settled that unauthorized absences from work can constitute misconduct warranting disqualification from receiving unemployment insurance benefits * * * ” (Matter of Jensen [Sweeney], 238 A.D.2d 645, 656 N.Y.S.2d 952 [citations omitted]; see, Matter of Luciano [Sweeney], 243 A.D.2d 797, 665 N.Y.S.2d 337). Claimant's exculpatory explanations merely presented a credibility issue for the Board to resolve (see, Matter of Foster [Sweeney], 244 A.D.2d 628, 663 N.Y.S.2d 924, 925).
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 30, 1998
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)