Legal Opinion

In re the Claim of Ruland

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

Decided September 26, 2013Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 12, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant, a security officer working the night shift in a hospital emergency department, was discharged for sleeping on the job. Despite having been previously notified that such behavior was prohibited and could result in termination, claimant conceded that he dozed off while on duty. Inasmuch as the Unemployment Insurance Appeal Board properly found from this…

2Cases cited4 opinions

  1. In re the Claim of De GregoNew York Court of Appeals · 1976
  2. In re the Claim of ClumAppellate Division of the Supreme Court of the State of New York · 2008
  3. In re the Claim of CarrAppellate Division of the Supreme Court of the State of New York · 1998
  4. In re the Claim of FairleyAppellate Division of the Supreme Court of the State of New York · 2004

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