AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

In the Matter of the Claim of MAGDALA M. WEINER, Appellant. COMMISSIONER OF LABOR, Respondent.

Claimant worked as a sales associate at a department store and purchased a returned fur coat at a significant discount to its listed price without the requisite management authorization. Following an investigation of this incident, claimant was terminated from her position. The Unemployment Insurance Appeal Board ruled that she was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Claimant appeals.

We affirm. An employee's violation of an employer's reasonable policy, which is detrimental to the employer's financial interest, has been found to constitute disqualifying misconduct ( see Matter of Washington [Commissioner of Labor], 309 AD2d 1135; Matter of Rizzo [Commissioner of Labor], 307 AD2d 573). The employer's policy concerning employee purchases was designed to protect it against monetary loss, and claimant's disregard of this policy was clearly adverse to its interest. Therefore, substantial evidence supports the Board's decision and claimant's contrary testimony presented a credibility issue for the Board to resolve ( see Matter of Oddo [Lee Pubis. — Commissioner of Labor], 32 AD3d 1061, 1062).

Ordered that the decision is affirmed, without costs.

Use AI to get other relevant cases.

Comments

IN RE WEINER
(Jan 10, 2008)