Legal Opinion

Matter of Roy (Commr. of Labor)

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 2016No. 521321Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 24, 2014, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Substantial evidence supports the Unemployment Insurance Board’s determination that claimant was discharged from his position as a food service worker in a nursing home due to disqualifying misconduct. Claimant was obligated “even during his off-duty hours, to honor the standards of behavior which his employer has a right to expect of him and ... he may be…

2Cases cited3 opinions

  1. In Re the Claim of PunterNew York Court of Appeals · 1977
  2. In re the Claim of MarkowitzAppellate Division of the Supreme Court of the State of New York · 1983
  3. Matter of Moniz (Commr. of Labor)Appellate Division of the Supreme Court of the State of New York · 2015

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