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 Kamilah N. GRANT, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 6, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant was employed as a family monitor for an agency which provided housing and support for homeless families. Claimant's employment was terminated when her supervisors became aware that she had been using one of the agency's clients as a babysitter and had provided that client with crack cocaine to sell to other clients. Following a hearing, an Administrative Law Judge, among other things, disqualified claimant from receiving unemployment insurance benefits because she was terminated due to misconduct. Upon administrative review, the Unemployment Insurance Appeal Board upheld the determination, prompting this appeal by claimant.
We affirm. It is well settled that an employee's failure to comply with an employer's established policies which may be detrimental to the interests of the employer may constitute disqualifying misconduct (see Matter of Ochs [Commissioner of Labor], 21 A.D.3d 1196, 1197, 801 N.Y.S.2d 98 [2005]; Matter of Oberferst [Commissioner of Labor], 17 A.D.3d 902, 902, 793 N.Y.S.2d 293 [2005]; Matter of Kaissar [Commissioner of Labor], 3 A.D.3d 829, 830, 770 N.Y.S.2d 913 [2004] ). The hearing testimony of the client involved and that of claimant's supervisors provide substantial evidence supporting the Board's determination that claimant engaged in the above-described activities. Moreover, these activities clearly violate the employer's policies which prohibit employees from establishing personal or private relationships with clients that could be detrimental to either the client's or the employer's interests.
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: August 03, 2006
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)