Opinion
November 20, 1997
Appeal from the Unemployment Insurance Appeal Board.
Claimant's employment as a salesperson at an electronics store was terminated after it was discovered that he had repeatedly violated the employer's policy requiring employees to obtain a manager's approval before purchasing merchandise for their own use. The Unemployment Insurance Appeal Board ruled that claimant's inactions rose to the level of disqualifying misconduct. We affirm. The record discloses that claimant knowingly and repeatedly violated a reasonable workplace rule, established by the employer for the purpose of inventory control. This Court has held that an employee's knowing violation of an employer's rule may constitute disqualifying misconduct ( see, Matter of Rothman [Sweeney], 242 A.D.2d 818), especially in cases where the violation is contrary to the employer's interest ( see, Matter of Naymark [Tanagraphics — Sweeney], 232 A.D.2d 804). As substantial evidence supports the Board's ruling of disqualification, it will not be disturbed.
Mercure, J. P., Casey, Yesawich Jr., Spain and Carpinello, JJ., concur.
Ordered that the decision is affirmed, without costs.