Employee’s Use of Personal Checking Account Did Not Amount to Misconduct

The Third Department reversed the Unemployment Insurance Appeal Board’s denial of benefits finding that, although the practice of depositing money in the employee’s bank account for reimbursement to her and others for out of pocket expenses violated company policy, it did not amount to misconduct:

Even  where  an  employee  has been  fired for legitimate reasons, the “behavior may  fall short of misconduct and, therefore, he  or she  may  still be  entitled to receive benefits”….   Although a knowing violation of an employer’s established policies that has a detrimental effect on  the employer’s interests can  constitute disqualifying  misconduct  …, we find that claimant’s misconduct  in this case did not rise to a disqualifying    level.    While we do not quarrel with the Board’s finding that claimant violated the employer’s established policies, which  provided a basis for terminating her employment, the hearing testimony reveals that claimant’s actions were  in keeping  with a longstanding practice that was at least partially condoned by her former supervisor and were necessary because claimant did not have  check  writing authority… . Matter of Lopresti, 516109, 3rd Dept 7-3-13