Legal Opinion

In re the Claim of Winch

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

Decided October 29, 1998Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 27, 1998, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was terminated from his employment as a supervisor at a private group home for developmentally disabled children for violating the employer’s policy prohibiting client abuse. Claimant’s testimony reveals that when he experienced difficulty controlling the children’s disruptive behavior, claimant canceled their scheduled outing and forced…

2Cases cited2 opinions

  1. In re Claim of CiallelaAppellate Division of the Supreme Court of the State of New York · 1991
  2. In re the Claim of KeastAppellate Division of the Supreme Court of the State of New York · 1996

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