Opinion
October 1, 1992
Appeal from the Unemployment Insurance Appeal Board.
The employer's president testified that at the time claimant was hired, he was told that he would "be instantly terminated" if he inaccurately reported a sales call or the result of a sales call. The president also testified that he fired claimant after claimant admitted to him that he falsified a report regarding his conversation with a customer. An employee's violation of a company policy of which he is aware has been held to constitute misconduct (see, Matter of Green [Levine], 53 A.D.2d 782). On the record before us, there was substantial evidence to support the conclusion by the Unemployment Insurance Appeal Board that claimant's actions disqualified him from receiving unemployment insurance benefits due to misconduct (see, Matter of Maltezos [Levine], 51 A.D.2d 607). Although claimant denied falsifying the report or that he ever admitted to such, this raised questions of fact and credibility for the Board to resolve (see, Matter of Leuci [Levine], 51 A.D.2d 603). Claimant's remaining contentions have been considered and rejected as being without merit.
Yesawich Jr., J.P., Levine, Crew III, Mahoney and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.