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 Christopher P. JONES, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 31, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board which ruled that claimant was discharged from his employment as a truck driver due to disqualifying misconduct. Despite being aware of the employer's rule that driving on the Thruway was prohibited under any circumstances, claimant admitted violating this policy in order to deliver a late shipment on time. Knowingly violating an employer's established policies and procedures has been held to constitute disqualifying misconduct (see, e.g., Matter of Ahmed [Commissioner of Labor], 254 A.D.2d 561, 679 N.Y.S.2d 164; Matter of Egelberg [Sweeney], 244 A.D.2d 684, 664 N.Y.S.2d 186). Accordingly, we find no reason to disturb the Board's decision, notwithstanding claimant's exculpatory explanation for the rule violation.
ORDERED that the decision is affirmed, without costs.
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: July 12, 2001
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)