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 William J. OLIVER, Appellant. Jiffy Lube, Respondent. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 16, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment as a lube technician after he refused to comply with the employer's request to stock inventory. As claimant admittedly had stocked inventory in the past, we find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant's insubordination amounted to disqualifying misconduct (see, Matter of Ledesma [Sweeney], 244 A.D.2d 748, 664 N.Y.S.2d 671; Matter of Sweat [Children's Home of Poughkeepsie-Hudacs], 198 A.D.2d 695, 603 N.Y.S.2d 362). Claimant's exculpatory explanation for failing to abide by the employer's request simply raised a credibility issue for the Board to resolve (see, Matter of Naraine [Sweeney], 245 A.D.2d 932, 933, 666 N.Y.S.2d 844, 845; Matter of Seguin [Sweeney], 244 A.D.2d 747, 665 N.Y.S.2d 688).
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: September 17, 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)