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 Mark J. SONZOGNI, Appellant. Gilmor Glassworks, Respondent. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant's application for unemployment insurance benefits was denied based upon a finding by the Unemployment Insurance Appeal Board that he lost his employment for a glass company because he falsified his time sheets. A misrepresentation by an employee on his or her time sheet regarding the hours worked can constitute disqualifying misconduct (see Matter of Du Bois [Mellon Found.-Commissioner of Labor], 282 A.D.2d 858, 723 N.Y.S.2d 539; Matter of Normandin [Commissioner of Labor], 265 A.D.2d 791, 697 N.Y.S.2d 388). Claimant's contentions that the bookkeeper had instructed him to do this and that the employer was aware of this practice created credibility issues for the Board to resolve (see Matter of Kelly [Commissioner of Labor], 288 A.D.2d 539, 731 N.Y.S.2d 811; Matter of Diallo [Commissioner of Labor], 263 A.D.2d 608, 692 N.Y.S.2d 783). Under these circumstances, we find substantial evidence in the record to support the Board's decision that claimant was discharged due to disqualifying misconduct.
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: January 23, 2003
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)