Employee’s Submission of Amended Time Card Did Not Constitute Misconduct

In affirming the Unemployment Insurance Appeal Board’s finding the employee did not commit “misconduct” which justified the denial of benefits, the Third Department wrote:

“Whether a claimant lost his or her employment through disqualifying  misconduct  presents  a  factual  issue  for the  Board, and  its resolution thereof will not  be  disturbed if supported  by substantial  evidence”  ….   Significantly, “not every mistake, exercise of poor judgment or discharge for cause will rise to the level of misconduct”  ….   Here, contrary to the employer’s  argument,  the  Board  was  free  to  credit  claimant’s testimony that she performed work for the employer while waiting in the  parking  lot between  7:30  a.m. and  8:00  a.m…..   Inasmuch  as substantial evidence supports  the  Board’s  conclusion  that  claimant’s  isolated “submission  of the  corrected time  sheet  was  an  act of poor judgment,”  we  find no  basis to disturb the  Board’s ruling that claimant’s  conduct  did  not  rise to  the  level of  disqualifying misconduct… .  Matter of Nangreave…, 515686, 3rd Dept, 6-13-13