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In the Matter of the Claim of Johnson

Appellate Division of the Supreme Court of New York, Third Department
Jun 15, 2000
273 A.D.2d 588 (N.Y. App. Div. 2000)

Opinion

Decided and Entered: June 15, 2000

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 5, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Jeffrey Johnson, New York City, appellant in person.

Eliot Spitzer, Attorney-General (Carmen R. Torrent of counsel), New York City, for respondent.

Before: Cardona, P.J., Spain, Graffeo, Mugglin and Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant, employed as a service agent for a mail delivery company, was discharged from his employment after violating his employer's absence policy. The record reveals that charges were brought against claimant and that he had been advised to come in for a meeting to discuss this with his supervisor. Claimant failed to contact his supervisor as requested and thereafter failed to attend a scheduled meeting. At the hearing, claimant stated that he knew about the scheduled meeting, but chose not to contact the employer, despite being aware that the employee handbook required him to notify his employer regarding his absences. We conclude that substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant lost his employment under disqualifying circumstances. An employee's knowing violation of an employer's established policies and procedures can constitute disqualifying misconduct (see, Matter of Greer [Commissioner of Labor], 257 A.D.2d 944; Matter of Egelberg [Sweeney], 244 A.D.2d 684).

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of the Claim of Johnson

Appellate Division of the Supreme Court of New York, Third Department
Jun 15, 2000
273 A.D.2d 588 (N.Y. App. Div. 2000)
Case details for

In the Matter of the Claim of Johnson

Case Details

Full title:IN THE MATTER OF THE CLAIM OF JEFFREY JOHNSON, Appellant. COMMISSIONER OF…

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

Date published: Jun 15, 2000

Citations

273 A.D.2d 588 (N.Y. App. Div. 2000)
708 N.Y.S.2d 756