From Casetext: Smarter Legal Research

Matter of the Claim of Tobias J. Fowler

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 768 (N.Y. App. Div. 1997)

Opinion

September 4, 1997

Appeal from Unemployment Insurance Appeal Board.


Claimant worked for the employer furniture company as a quality inspector and furniture repair person. His employment was terminated after the employer learned that on a day when claimant had obtained permission to be absent from work ostensibly to keep a doctor's appointment, he was, in fact, at a job interview. The Unemployment Insurance Appeal Board ruled that claimant was guilty of disqualifying misconduct. We affirm. The record discloses that on the date in question, claimant had just returned from a two-week disability leave with the result that his services were needed by his employer. Behavior that is detrimental to the employer's interest has been found to constitute disqualifying misconduct ( see, Matter of Chapman [Hudacs], 190 A.D.2d 941) as has giving false reasons for an absence ( see, Matter of Sanford [Levine], 52 A.D.2d 1024). We conclude that substantial evidence supports the Board's finding that claimant was guilty of disqualifying misconduct.

Cardona, P.J., Mikoll, Crew III, White and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Tobias J. Fowler

Appellate Division of the Supreme Court of New York, Third Department
Sep 4, 1997
242 A.D.2d 768 (N.Y. App. Div. 1997)
Case details for

Matter of the Claim of Tobias J. Fowler

Case Details

Full title:In the Matter of the Claim of TOBIAS J. FOWLER, Appellant. JOHN E…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 4, 1997

Citations

242 A.D.2d 768 (N.Y. App. Div. 1997)