Misconduct Serious Enough to Warrant Firing Did Not Disqualify Employee from Receiving Unemployment Benefits

The Third Department affirmed the appeal board’s determination that, although the employee’s misconduct was serious enough to warrant firing, the employee was still entitled to unemployment insurance:

“Not every discharge for cause rises to the level of misconduct disqualifying a claimant from receiving unemployment insurance benefits” … . Here, the Board, in its capacity as the “final arbiter of factual matters involving questions of credibility” …, found it significant that, while claimant did not lock out the machine properly, this was the first time that he was disciplined for violating this procedure, and he “self-reported the matter to the employer.” Although disqualifying misconduct can be found where an employee disregarded “an employer’s established procedures and policies, particularly where it is potentially detrimental to the employer’s best interest” …, here, there was proof in the record confirming that claimant’s lapse in judgment resulted in little risk of injury to him due to the lack of water and paper products in the system during the shutdown. Under the particular circumstances herein, we conclude that there is substantial evidence supporting the Board’s decision, regardless of proof that would support a contrary result… . Matter of Lee (Commissioner of Labor), 2014 Slip Op 03563, 3rd Dept 5-15-14