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IN RE: the Claim of Denise A. ELLIS, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 14, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant submitted a notice to the employer resigning from her employment effective March 20, 1998. Prior to her resignation claimant had been warned about conducting personal business during working hours. Thereafter, on March 12, 1998, claimant took an unauthorized extended lunch break and the employer sent her home. Claimant was later discharged. Substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant lost her employment under disqualifying circumstances. A claimant's actions in attending to personal business during work hours in violation of the employer's policies can constitute disqualifying misconduct (see, Matter of Keast [Essex County ARC-Sweeney], 224 A.D.2d 851, 638 N.Y.S.2d 201). Claimant's contrary account of the events surrounding her discharge merely raised a credibility issue for resolution by the Board (see, Matter of Boyle [Sweeney], 247 A.D.2d 809, 668 N.Y.S.2d 514). Claimant's remaining arguments have been examined and found to be unavailing.
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: September 23, 1999
Court: Supreme Court, Appellate Division, Third Department, New York.
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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.
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