Legal Opinion

In re the Claim of Jadwick

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

Decided July 28, 2011Published

1Opinion of the Court

Substantial evidence supports the Unemployment Insurance Appeal Board’s determination that claimant, an overnight childcare worker, was not discharged from his employment for disqualifying misconduct. The employer submitted evidence that claimant had not worked overtime that he had put on his time sheets. Claimant has consistently maintained that he worked the times in question, however, and his supervisor signed off on the time sheets in the first instance. Moreover, a coworker confirmed claimant’s account of how workers were found to work overtime and testified that claimant had related…

2Cases cited2 opinions

  1. In re the Claim of PadillaAppellate Division of the Supreme Court of the State of New York · 1985
  2. In re the Claim of SmithAppellate Division of the Supreme Court of the State of New York · 1993

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