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New York Unemployment Case Law
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Abarca
Failing to follow reasonable orders is misconduct.
Abramson
Is a worker placed by a temp agency an employee of the agency or of the company with which he was placed by the agency?
Abramson
See above.
Ackermann
Logged into supervisors' email accounts.
Adams
Abandoned her assignment.
Adams
A security guard failed to log her whereabouts.
Adorisio
Quit because unhappy with a change in her work schedule.
Adorno
Did not card the youth before selling him beer.
Alduen
The course of study he chose does not qualify for career training benefits.
Alexander
Filched a cell phone and denied it.
Alexander
Did her homework during work hours.
Alexander
Two people said that someone else told two other people that she intended to harm her, so she quit.
Alexander
While unemployed she helped her sister and brother in law in their business. But she was not paid.
Alfaro
A waiter quit because he didn't like the way tips were divided up.
Alkovic
Missed the 30 day deadline for an appeal.
Allen
To collect unemployment, you must be ready and able to do your line of work.
Allen
Argued with the supervisor over a timecard until they called the police.
Allen
Needed a jail pass to do his job. His pass got revoked when he misused it.
Almeda
Worked for IBM in a department whose clients were airlines. But does not qualify for extended benefits available to employees of airlines affected by 9-11.
Altman
Criticism from a supervisor does not constitute good cause to quit.
American
These carpet layers are employees of the company which supplies them, not independent contractors.
Amoroso
A part-time at-home medical transcriptionist is an employee, not an independent contractor.
Anderson
Quit because unhappy with her new job assignment. This does not constitute good cause to quit.
Anderson
Only wanted to work one day a week.
Andolf
Did not feel safe working alone into the night in the basement of an unlocked building, so quit.
Andreani
Snooped into payroll info, then made unjustified accusations on the basis of that info.
Andronica
Cannot collect unemployment while in business. No, not even after he sells his business to his wife for a dollar.
Applebaum
The betting service for which he worked prohibited employees placing personal wagers during work. So he bet in his wife's name.
Arbitaljacoby
A salesman quit, saying he was threatened by a customer. But the real reason was, he was not being paid as agreed.
Arcila
Left early and falsified the time sheet.
Arias
Did not want to work Sundays because started attending church.
Armaganian
A design draftsman at a steel plant does not qualify for extended benefits available to employees of airlines affected by 9-11.
Armbruster
Even though he resigned as an officer, he is still working for the family business.
Askew
The make-up artists placed in retail stores are employees and not independent contractors.
Aubrey
This salesman is an employee and not an independent contractor.
Augustine
Because she is unable to work after two car accidents, she is ineligible for unemployment, and must pay back what she collected.
Axtell
A food service supervisor at a community college is eligible for unemployment during summer break.
Ayad
Trouble getting along with a colleague.
Baker
After driving his route, he called in to ask someone else to punch out his time card.
Baptista
Has to pay back what he received from unemployment because he was employed as an assistant building super earning fifty bucks a month.
Barcene
Porn surfing at work.
Barnes
Sent his complaints outside the chain of command.
Barrett
Cannot collect unemployment because he is a member of a band.
Bastian
Did not card the young man when selling cigarettes because she already knew him to be 29.
Battaglia
Can't collect unemployment because he sometimes bowls for money.
Battista
A civil engineer did not want to work as a substitute teacher.
Battiste
Only scheduled for 24 hours a week, so quit.
Becotte
Falsified company records to get commissions.
Behuniak
After 35 years teaching at a Catholic school, her next contract contains conditions she refuses to agree to.
Bellamy
Wants to re-open an appeal held a year and a half before.
Bell
Quit and moved to Georgia because it cost too much to live in the Bronx.
Benbow
Continued to disregard the employer's instructions.
Bender
Fired for trying to steal a mattress pad.
Benyoussef
Quit because not working enough hours.
Berkmann
Lived with her parents. When they moved, she quit to move with them.
Berlowitz
Cannot collect unemployment because she retired.
Berry
The employer lost 53 grand because she did not follow policy and verify endorsements on a check.
Bickerton
Fired for refusing to work full time due to medical problem. Later offered her job back, but refused.
Bigelow
He is ineligible for unemployment because he is shutting down his business.
Biran
He is not eligible for unemployment because his wife continued his home business. He must repay 14 grand he received in benefits.
Blake
Trouble starts when an off duty cop runs three red lights.
Bobian
His appeal was late because he didn't put enough stamps on the envelope.
Bohmann
A day care teacher did not report a child's cut lip.
Bolasny
Told not to speak to the women she was accused of sexually harassing. Did anyway.
Booth
Because they are trained by the company, they are employees, not independent contractor, and the company owes unemployment taxes.
Bothe
He has not made a dime from his sports radio show; yet that show makes him ineligible for unemployment, because, they say, he hopes to make money at it some day.
Bottex
He appealed about seven months too late.
Bowen
Failed to write up a plan showing how he would improve his attendance.
Bowlby
Not eligible for unemployment because she does acupunture on the side.
Brady
Says she got wrong advice from the unemployment office. They apparently don't believe her because she couldn't point out who told her.
Bratmeyer
Denied full time, she quit.
Brennan
Criticized the employer.
Breton
Cannot collect unemployment for the time she is out of work before she applies for unemployment.
Brightman
Appealed too late.
Brinn
Ineligible for unemployment because he is part owner of a business.
Browne
Appealed too late.
Brown
Appealed too late.
Bruner
A school secretary defended her husband from an irate substitute teacher who started a fight in the parking lot.
Bryant
Appealed too late.
Bucolo
He did not threaten his supervisor; but his friend did.
Buffaloe
Used the company credit card for personal reasons.
Burdick
When the plant was moved to Mexico, he took a voluntary retirement.
Burey
Appealed too late.
Burke
Told he'd be laid off next week, he quit today to go look for another job.
Burrows
A police recruit was injured during training. While out for injury, was fired.
Butt
Not eligible for unemployment because he put some sculptures in art shows.
Cale
Her work visa prevents her from being eligible for unemployment.
Calitri
He is ineligible for unemployment because he rented rooms in his apartment.
Cameron
A customer complained he was rude.
Cammisa
Not eligible because he took an early retirement package.
Canellos
Failed to apply for benefits because of bad advice from the employer.
Capobianco
Unhappy with her assignment from the temp agency.
Caporale
Did not wear goggles as required by policy.
Caravan
Did not submit evidence to prove why he appealed too late.
Caron
While collecting unemployment, he started a business.
Casey
Quit because staffing problems made her work long stretches without a day off.
Cassaro
Not eligible for unemployment because he self-published a book.
Cedeno
Altercation with a colleague.
Cefalu
Must pay back the unemployment he received because he and his wife publish a booklet which contains paid advertising.
Chadwick
Appealed too late.
Chanthyasack
Asked for a hearing, then failed to attend it.
Chapman
Cannot collect unemployment while incarcerated.
Cherry
A temp worker did not want his job to become permanent, so he quit.
Childs
A patient complained she was rude.
Chillious
Failed to abide by food handling policy.
Chiou
Asked for the day off. Denied. Left early that day anyway.
Chrysler
Often tardy. Repeatedly warned.
Cieslewicz
Got a headache because colleagues talked about her, so went home and never returned.
Cincu
The doorman filched a holiday tip left for the housekeeper.
Cirlincione
Cussed to a client.
Cisneros
Moved to North Carolina
Clarke
First, they told her she could take the day off. Then, they told her she could not. She took off anyway.
Clese
An investment banker is not eligible for extended unemployment compensation program for displaced airline-related workers
Cobrin
The Board's decision is reversed because it was not based on a complete record of the hearing.
Cody
Fired for 38 misconducts.
Cole
Falsified time card
Cole
When the employer said they were considering closing his office, he did not wait for that; he resigned.
Collier
Quit his job, but said he'd been laid off.
Congdon
Came up short $400 in the till; then found the money in an envelope.
Conners
A bill collector was required to show up in small claims court, but was not paid for his time there, so quit.
Conroy
He does not have to pay back the unemployment he received because he got bad advice from the unemployment department.
Cooney
He does not get unemployment because he is getting a pension.
Coon
Insubordination
Correa
Quit to move with his ailing wife to warmer climes.
Cortorreal
A substitute teacher cannot collect unemployment during summer vacation.
Costa
They told her she could collect unemployment benefits. Six months later, they changed their mind and said she couldn't. Later, they changed their mind again and said she could. But now they say she can't collect benefits because after they said she couldn't she didn't continue to apply every week. I know; me neither.
Cowan
An on call delivery man did not answer his phone because he was asleep.
Crawford
Did not set up his machine properly.
Croce
Not eligible for unemployment because he owns part of a consulting business.
Cruse
Asked for time off; was denied; took off anyway.
Cruz
The court will not intervene where the department has decided how much someone will collect.
Cuillo
Asked for time off. Was denied. Called in sick.
Culp
Quit when asked to provide a doctor's note.
Cunningham
Quit when transferred 45 miles away.
Dada
Appealed too late.
Daikalo
Moved to Florida because they couldn't afford New York and the husband was ill.
Daley
Heated argument with a colleague.
Daley
If an employee quits employer A and files for benefits, employer A's account will not be charged. But if an employee quits employer A, then works for employer B, gets laid off there, and then applies for benefits, then employer A's account may be charged.
Daniul
Refused to attend a meeting to discuss her job performance.
Daoust
Pled guilty to the theft that got him fired.
Davila
Did not make store deposits daily.
Dawson
Between a rock and a hard place. When her husband was transferred to North Carolina, she stayed behind a year so her pension wouldn't be reduced. When she finally followed him south, she cannot collect unemployment because of the long delay.
DeCarlo
Quit after reprimand.
DeOliveira
While collecting unemployment, she worked three hours a day for two days and did not report it.
Decker
Truck driver's license suspended because he didn't pay tickets.
Delgado
To be eligible for training benefits, a claimant must enroll in classes requiring at least 12 hours a week of attendance.
Deney
Not eligible for unemployment because he sold his business.
Denson
Daycare problems prevented her return to work after maternity.
Denton
Refused to accept her new work schedule.
De Lelio
Disqualified from benefits because he called the wrong number.
De Marco
Refused a job offer from a temp agency.
De Robbio
Worked for a temp agency while collecting unemployment.
De Ruby
Resigned when a manager raised his voice.
De Souza
Argued with a colleague, took his tools, went home.
Diaz
Appealed too late.
Dickson
Drank a beer sitting round the camp fire after her shift.
Dintino
Tardy too many times.
Di Maio
Betting clerks fired for filing false tax returns.
Dockal
Falsified employment application.
Dowling
Quit to complete her master's degree.
Downton
Ineligible for unemployment because his failed business still had a checking account, while he sold off equipment to pay business debts.
Du Bois
Rude to an angry customer
Dzaba
75 hours of international phone calls from work to his family overseas.
Dzinovic
An employee of an agency settling refugees is not eligible for extended unemployment compensation program for displaced airline-related workers
ELN
A temp agency transferred all its employees to a new account to avoid the unfavorable tax rating earned by the former accounts.
Eames
Resigned after harsh criticism.
Early
The vice president of a corporation is not eligible for unemployment.
Edwards
A traffic cop pled guilty to assault.
Eisenstadt
Threw a cup of hot liquid at someone in the cafeteria.
Elbaz
A dishwasher refused to clean up garbage.
Eliraky
A limo driver is an employee of the limo company, and not an independent contractor.
Emeterio
When placed on probation, she quit.
Encarnacao
Quit when her schedule was changed and her hours reduced.
Enneddam
A limo driver sat around for hours with no work. The dispatcher told him if he didn't like it he could go home; so he did.
Enriquez
Moved to Florida to take care of his ailing wife.
Enrique
Did not have a green card.
Erno
When her job was eliminated. she was offered another. She declined because of daycare.
Esposito
Did not appeal in time.
Faber
While filing for unemployment over the phone, she pushed the wrong button.
Fahey
Left work ill.
Fairley
Home health aide slept on the job at night, on the cot provided for the purpose by the client.
Fair
Turned down an assignment from her temp agency.
Felder
Out of town caring for a sick grandmother.
Feldman
Refused a position for which she was not trained.
Felice
Accepted a severance package.
Feliciano
Resigned because she was not selling enough to earn a living.
Felix
Returned to Puerto Rico because his wife wasn't happy here.
Feminella
The employer was upset that the septic tank at the place where he was going to be amrried got pumped by a competitor.
Ferrar
Left work to run personal errands for two hours.
Ferri
A school bus driver offered to drive a student to school in his own car.
Figueroa
Started yelling when her health insurance coverage got delayed.
Figueroa
Trouble started when he mistakenly took home the keys to the company van.
Finn
No call, no show, three days.
Fiorino
Because he was out on workers comp for two years, he doesn't have earnings during the base period to qualify for unemployment.
Fischer
Works for an employer's a before and after school program. Can collect during summer break.
Fishman
"...a principal of a corporation will not be considered totally unemployed even if the corporation is inactive and the principal's activities on behalf of it are minimal..."
Fleischer
Could not get a response from anyone at the department to get an answer what she should do.
Florio
After a difficult day substitute teaching, he quit.
Florio
Denied days off at Christmas, she quit.
Ford
Quit when threatened with discharge.
Ford
Stopped working at the law firm to complete law school.
Ford
See above.
Ford
See above
Ford
See above -- She's putting her law shool to good use.
Forman
Resigned her temp assignment because she was not qualified for the job and wasn't getting trained how to do it.
Fowler
A golf pro is eligible for unemployment during the off season.
Fox
Daycare problems after maternity.
Fox
Child care problems.
Francano
Would not respond to instructions.
Franco
Company policy said more than three sick leaves in three months would get you fired.
Frith
Could not maintain his brokers license because he didn't produce any business.
Froats
Did not complete the credits and courses needed for certification.
Fronczak
Turned down a temp assignment because of the long commute.
Fulcher
His time sheet said he took lunch from 1 to 1:30. But someone saw him taking lunch from 11:20 to noon.
Gaines
New employer rules disqualified him from doing his job.
Gallagher
She was supposed to deduct 30 miles from her mileage form each day, to account for the commute. She added 30 miles before deducting 30 miles.
Galloway
Failed to report a baseless report of child abuse to her employer.
Garcia
A building super submitted fabricated receipts for reimbursement.
Gaylor
Repeatedly argued with colleagues.
Gerard
When the position she hoped to get was filled by someone else, she resigned.
Ghoulian
Took students off premises in her car.
Gigante
Ineligible for benefits because he is partner in a restaurant.
Gigi
Lost her temper and cussed.
Gilbert
A trooper had two accidents after drinking.
Gindi
Sold out to his partner and left the business.
Giordano
Couldn't stand eight hours because of a bad back.
Giovati
Didn't like the work schedule.
Giustino
Did not finish the laundry before leaving.
Glazer
Cannot collect unemployment while disabled.
Glinski
Left work.
Glowinski
Unauthorized leave to visit her sick mother.
Goldman
Resigned in lieu of discharge for smoking.
Gonzalez
Moved to Florida so her son could attend a safe school.
Gordon
Quit to attend school.
Gorton
Left work early.
Goulbourne
The decision of the port authority hearing officer provides collateral estoppel for the unemployment board.
Graff
Quit to take another job. Fired soon after.
Graham
Cussed a colleague. Doesn't matter that she claims she was drunk at the time.
Grant
A "family monitor" at an agency supporting homeless used one of the homeless for a babysitter and provided her with crack to sell to other homeless. Maintains that is not misconduct.
Greenspan
A paper company's sales reps are employees, not independent contractors.
Grimes
He told the manager that if he sent him home he would never return.
Grogan
Although she did not exactly turn down the job, she did manage to queer the deal.
Grunkorn
Appealed too late.
Grushko
Took an early retirement.
Guagliardo
Refused to sign for receipt of the handbook update
Guidicipietro
A law firm is liable for unemployment taxes on wages paid to medical testers hired in connection with a class action lawsuit.
Gully
The employer tried to solve the problem, but she quit anyway.
Guzenski
Did not show up for work.
Hamilton
A delivery driver would not respond when paged.
Hardamon
Appealed too late.
Harris
Appealed too late.
Harroun
It's not the date the appeal is mailed; it's the date the appeal is "filed" that determines whether it is on time or too late.
Haseltine
If you own a business, you must cease paying wages, close the business account, stop looking for customers, and not do a lick of work on it, in order to be eligible for unemployment benefits.
Hayes
Started work the 17th, called off sick the 18th, came to work the 19th, called off sick the 20th, and never came back. Said the work was too stressful for her.
Hazzard
Because he is partner in a failed company which has patents to sell, he cannot collect unemployment.
Hedo
Appealed six months too late.
Hellinger
Appealed too late.
Henry
Appealed too late.
Hertz
Even though she is told what to wear, what to promote, and how, she is still an independent contractor, and not an employee.
Hicks
While laid off from her full time job, she asked to be removed from the weekend schedule at her part time job.
Hicks
When her son went missing, she missed work. Did not call the employer to explain, they say.
Hill
Failed to provide a doctor's note.
Hinds
Cannot collect unemployment while busy closing down his business.
Horvath
When told her duties would change, she quit.
Hotaling
Accepted a severance package.
Howe
When told she'd be laid off, she quit.
Hughes
Denied a raise, she quit.
Human
These massage therapists are employees, on whose wages the employer owes tax.
Irizarri
Yelled at the supervisor.
Iskhakov
Did not call in absent until nine hours later.
Izzo
When her schedule was suddenly changed without notice, she suddenly quit without notice.
Jacob
He was not on the schedule, so he assumed he was laid off.
Jarrett
Appealed late.
Jeffares
Jefferson
Appealed late.
Jenkins
Problems with a colleague.
Jenkins
A bill collector does not qualify for extended benefits available to employees of airlines affected by 9-11.
Jenkins
Fired when refused a drug test.
Jimenez
Abused her company cell phone.
Jimenez
Claims she could not get to a phone to tell the employer she would be late returning from leave.
Johnson
Unhappy with her work schedule.
Johnson
Thought she had another job, so ceased reporting to work.
Jones
Did not show up for mandatory overtime.
Jones
Quit to attend school.
JoonBug
This marketing company must pay unemployment taxes on its photographers' wages.
Jordan
Argued with her supervisor in front of a customer.
Juliano
The partner at the law firm where she worked cussed at her.
Juncaj
Cannot collect unemployment while on strike.
Kabayiza
Quit to concentrate on school.
Kairey
Lost his appeal when he didn't show up for the hearing.
Kaissar
Took company documents home and refused to return them.
Kam
Asked for a month's leave to travel to China for medical treatment to his shoulder.
Kanela
He says he left because the company vice president told him the company was closing.
Kansu
Although his company made no profits, it prevents him from collecting unemployment.
Kapitany
Cannot collect unemployment because he sometimes helps his wife in the pizzeria.
Kaplan
A news reporter lost her drivers license, so she can't get to the story.
Kattaya
Quit when transferred to day shift.
Kazaka
Poor attendance.
Keeler
A nursing home worker took seventy bucks from a resident's account.
Kelly
The florist is liable for taxes on the wages of his delivery person.
Kemp
Porn surfing.
Kemp
Cussed and threatened a supervisor.
Kendall
This teacher can collect unemployment during summer because he didn't have reasonable assurance of getting his job back next fall.
Kendricks
Not allowed ro re-open her case.
Kessler
"...reprimanded for having a personalized screen saver on her computer..."
Kingston
Quit when threatened by an upset customer.
King
An hour and a half late.
Kiteta
Showed up late and smelled of alcohol.
Koenes
Because his business was not dissolved, he must re-pay ten grand in unemployment benefits.
Koenig
Three years of wrangling.
Kohen
Thinks she's harassed because of her religion.
Kohut
A circuit board inspector does not qualify for extended benefits available to employees of airlines affected by 9-11.
Kovalskaya
A lab tech's errors are misconduct.
Kramer
This teacher collecting unemployment was not unemployed because he sometimes met with students.
Kremsky
Quit to sell cheesecakes from home.
Kretchmer
A legal secretary failed to attach a document to a letter.
Krisher
Relocated.
Kubiak
A colleague's perfume gave her headache.
Kuhns
Quit to take care of her ailing husband.
Kunz
Worked while collecting unemployment. Now he has to pay it back.
Kurtz
Attendance.
Kurtz
Turned down a job.
Kuryla
A professor got to cussing in his office. They could hear him from the hall.
Lambert
These sales reps are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Lambert
A custodian refused to sign an inspection report. Threw it at his supervisor.
Lampkin
Appealed too late.
Lampone
Disagreed with a supervisor's criticism. But not insubordinate.
Landry
Not eligible for unemployment benefits because he raised three head of cattle.
Landy
A salesman quit because he wasn't earning enough.
Langley
Failed a random drug test. Contends it was not random.
Lang
Lost his job in April. Did not apply for unemployment until June. Cannot collect for the intervening period.
Lapczynski
Cannot collect unemployment because she worked on computer presentations.
Lapham
Refused to work mandatory overtime.
Larkin
Says he couldn't report for eight weeks because he forgot his PIN and couldn't get through to the department to get another.
Lawrence
While collecting unemployment she did some minor things for her husband's corporation. Because of that, they require her to pay back seven grand in benefits.
Law
Did not want to be on call during his vacation.
Lazar
Tried to remove a paper jam with a hair pin.
La Fleur
These testers are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
La Rock
Appealed five months too late.
Lee
Claims he applied for benefits over the internet every week. The department says not.
Leonetti
A teacher sent an unruly student to the dean. The dean sent him back. So the teacher quit.
Liebman
Signed a settlement admitting the behavior which he now denies.
Limoncelli
A cook did not have time to take and record the temperature of the food she served.
Limperis
This wemaster is not an independent contractor, but an employee; and therefore the company owes unemployment taxes on her earnings.
Little
Altered the date on a doctor's excuse.
Livadas
Got real angry when he discovered a surprise deduction from his paycheck.
Logghe
Did not like the way her supervisor did things, so quit.
Lohmann
Did not attend enough hours of school to qualify for training benefits.
Lokensky
When her husband got fired, she thought she would be next, so she quit.
Louis
Missed the deadline to apply for trade readjustment allowance.
Luqing
Quit when paid straight commission, no base salary.
Lynch
Not eligible for unemployment because he sold some stuff on Ebay.
MacFarlane
These insurance agents are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Mainieri
Cannot collect unemployment because too ill to work.
Maldarelli
Pension reduces her benefits.
Maleknia
Resigned when told her contract would not be renewed.
Mallimo
Quit her part time job when her hours were reduced.
Mandia
When her paycheck bounced, she got upset and called in sick three days.
Manley
Lost track of time while working on his car, so did not return promptly from his break.
Manno
Put a nasty picture on his computer screen and showed it to colleagues.
Marcus
Continued to practice law while collecting unemployment.
Maricle
Doctor cleared her to work, but she did not return.
Marione
Time sheet showed her at work during five days she was on vacation.
Marte
A truck driver helper refused to go to New Jersey.
Martin
A mailman's vehicle was not up to snuff.
Massucci
Child care makes it difficult for her to arrive to work on time.
Matuszewski
Quit because he thought the job was over his head.
Maymi
Appealed over and over, but always failed to appear at the hearing.
Mazurkiewicz
Ineligible for benefits because has not worked since his previous claim.
McBurney
Said she was laid off. They say she was fired for drinking on the job.
McCarthy
After several hearings, she appealed again; this time too late.
McDonald
While collecting unemployment he published a magazine.
McGloin
Fighting with a colleague is misconduct. Doesn't matter who started it.
McKoy
Left his post without permission.
McLaughlin
Called in to say he would not come to work because he was drunk. This is not misconduct because he is alcoholic.
McVey
Not eligible for unemployment because he sold antiques on consignment.
Meade
Not eligible for unemployment because she had a little web site business.
Meister
Not eligible for benefits because she made a film for her masters thesis.
Melendez
Angry because the answer to a vacation request was delayed.
Mercure
Refused to work during lunch.
Merle
Ineligible because the business he closed was now being run by a new owner.
Messer
A bank manager did not follow policy regarding her own account.
Meyerovich
Apartment maintenance man loafing on the job.
Miceli
A software engineer does not qualify for extended benefits available to employees of airlines affected by 9-11.
Miller
Attendance.
Mills
Extended breaks.
Mirsky
These salesmen are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Molenda
Resigned after his work was criticized.
Monaghan
The employer was able to reopen the case, get a new hearing, and prevail.
Montag
Resigned to move to Florida.
Montanye
Loud and disruptive at a meeting.
Montgomery
Did not contact the employer while incarcerated.
Moorer
Appealed months too late.
Moore
Quit because he couldn't afford the hike in his auto insurance for using his car to make deliveries.
Moretti
Failed to continue applying for benefits while his appeal was pending.
Morgan
Fired when he refused to do what the attorney told him not to do.
Morgan
Chronic lateness.
Moroff
After work, she used the computer for personal reasons. Tried to print something, but the printer jammed. Later that night, the computer hard drive crashed. Somehow, they blame it on her!
Moss
A school bus attendant is eligible for unemployment during summer break because they eliminated one of her bus routes.
Moss
Pulled a box cutter on his supervisor.
Mounnarat
Not eligible for unemployment because he set up a computer for a business.
Mtu
Refused to complete an evaluation form.
Mulea
Called the supervisor names.
Murphy
This teacher is eligible for unemployment during summer even though he is on a list of available substitutes for the next year.
Murray
Resigned when she did not receive a promised raise.
Myftiu
Used the computer for personal business.
Nash
Lied about dealing drugs.
Naylor
Argued with the boss.
Newell
Major non-tenured policy making government jobs not eligible for unemployment.
Newkirk
Falsified time records.
Newman
Not eligible for benefits for those weeks he did not complete the forms.
Newman
Temp employee turned down an assignment because it conflicted with his class.
Nguyen
To qualify for training benefits, you have to take classes leading to a specific job, not general classes.
Nicholas
Nurse not thorough enough.
Nickerson
Airline union president does not qualify for extended benefits available to employees of airlines affected by 9-11.
Nicotra
Cannot collect unemployment because she is listed as vice-president of her husband's construction business.
Nieblas
Ineligible for unemployment benefits because he was in jail so long.
Nigro
While unemployed, she tried to start a vending machine business. Because of that, she has to pay back the benefits she received.
Nocera
Not eligible for benefits until she applied for them.
Noel
Life Alert salesmen are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Norvell
He signed a client's name to a new account application.
Nunez
Quit to go fetch his sick son from the Phillipines.
Oberferst
Did not complete her forms.
Ochs
A client asked her home aide to call her son. She did, and got fired for it.
Oddo
Emailed other employees disparaging the employer.
Oku
The security company wanted to give this guard a different assignment. Instead, he applied for unemployment.
Oles
Not eligible for unemployment benefits because he and his father are partners in a business, even though it makes no money.
Oliver
Did not report to work.
Olmstead
The security tape show that the convenience store clerk stole cigarettes.
Oquendo
Moved to Florida because he could not afford New York.
Orane
Got angry with a supervisor.
Orzelek
Attendance.
Paino
Started out as a teacher. Job turned into sales. So he quit.
Palmisano
Did not return from medical leave; did not supply a doctor's note.
Palumbos
Missed the deadline for appeal.
Papapietro
This substitute teacher didn't think he would have much work next term, so he filed for unemployment during summer.
Papapietro
See above.
Paquette
Laid off from one company but still worked for another.
Parker
Not happy with work conditions, but didn't give the employer a chance to straighten things out.
Parody
Left a company van unlocked with the keys in it, and it got stolen.
Parry
When stories conflict, the Board decides which side to believe.
Pastore
Cannot collect unemployment for the days she was without daycare.
Paterson
Must continue to apply for unemployment each week.
Peake
They would not let him use his cell phone to contact his family.
Peak
When the company he worked for was sold to another company, his work hours and work load increased. So he quit.
Pearlstein
She hid files to make it look like the work was done.
Pelc
Took his belongings, returned the company truck, and went home. That's a quit.
Pelle
Company moved from Manhattan to Edison NJ.
Pelli
Appealed too late. Says he was mentally incapable of filing on time.
Penigian
"...resigned from her employment because she claimed that the employer spoke to her in a harsh manner and she was unhappy with her task of retrieving the newspaper two mornings a week"
Perdue
These safety trainers are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Perez
While he was in the hospital he received a letter from the employer telling him he was canned because he hadn't sent them a doctor's not saying he was ill. He had sent a note, but they had misplaced it.
Perez
Says he was unemployed on this or that days, but the Board doesn't believe him.
Perez
Quit to move to Puerto Rico.
Perkins
Threatened a colleague.
Peterson
Refused to work at another location.
Peters
Didn't want to work 60 hours a week.
Petosa
Not considered unemployed because he has check writing authority for his wife's business.
Petrillo
Continued to work a bit while collecting unemployment.
Pfohl
The employer didn't like the way she dressed and acted.
Phillips
Falsified expense forms.
Piervencenti
Disrespected the supervisor.
Pino
Missed the deadline to appeal.
Plotnik
Missed the deadline to appeal.
Poliseno
The boss sent her an email criticizing how she did things, so she quit.
Pollack
Says they retaliated after he refused to do something illegal.
Popescu
Appealed too late.
Porter
Attendance.
Posner
The employer was supposed to provide certain documents, but did not, so the hearing has to be repeated..
Powell
He had two job interviews at the same time. Lost his benefits because he went to the one but not the other.
Powell
The technician failed to pass on the results of a blood test.
Powers
Did not clean up the showroom.
Pregon
Got tied up taking care of her mother's estate and couldn't return to work.
Puchalski
Got tendonitis. The employer offered light duty. She didn't take it.
Putterman
His unwillingness to commit to a long term job is not the same as a quit.
Qing
While waiting for her appeal to have her claim back dated, she already collected the max amount anyway, so it's all moot.
Radu
The employer told her she could leave early on nights she had classes. She left early on nights she didn't.
Rago
Missed the deadline to appeal.
Ramjaiwan
Heated arguments with the supervisor.
Ramsey
A drug counselor refused to take a drug test.
Raspallo
While collecting unemployment he started an internet sales business.
Reardon
Cannot collect unemplopyment while his union is on strike.
Reiblein
His supervisor was demanding.
Reid
Lost her health insurance job because she falsified her income on a mortgage application.
Rennert
Did not returns follow policy on expired food.
Restaneo
Child performers too young to collect unemployment.
Restivo
Not eligible for unemployment because he was starting a business, even though the business was not yet operational.
Reyes
Put the customer on hold while she forwarded a personal email.
Ricciardi
Child care problems following her divorce.
Richardson
Incarcerated for a month unable to work.
Ricketts
Missed the deadline to appeal.
Rivers
Vulgar language and disrespectful conduct.
Rizzicone
Quit because his efforts were not appreciated.
Robinson
Not eligible for unemployment because he sold body oils on the side.
Robinson
Refused to give a guy his paycheck because she didn't like his remarks.
Rodriguez
Unauthorized breaks.
Rodriguez
His earnings were paid in the wrong quarter, not his base period.
Rodriguez
Took a two week vacation to Puerto Rico, got stuck there in a tax problem, and didn't get back for another two months.
Rogers
Turned down a job offer from her temp agency, so has to pay back the unemployment she received..
Rogers
Left work early.
Rolfe
Cannot collect unemployment because he raises chinchillas.
Romain
Ineligible for training benefits because she is still taking the required general courses before she can take nursing courses.
Romano
Could not keep up with the workload so quit.
Roman
Quit because of claimed ahrassment.
Ronn
Appealed too late.
Rosario
Someone complained she had called him a nasty name.
Rosa
Falsified records.
Rosen
She closed the business and applied for unemployment.
Rose
Lost his full time job then quit his part time job.
Rose
see above
Rostolder
Not eligible for unemployment because he sold frog sculptures in a cooperative gallery. I kid you not.
Rowe
Called in sick one hour before her shift. Policy required four hours.
Rowland
Said he was out of work, but had a part time job.
Rozestraten
Ineligible for unemployment because her husband ran a sign shop and she cosigned for a loan.
Ruggiero
Did not lock up the blank checks.
Ruiz
Out for two weeks. Supposed to call in every day. Only called in every few days.
Runco
Cannot collect while on strike.
Rush
Late to work.
Saalfield
Hosts conducting wine tastings are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Saddler
Asked to be laid off.
Salomone
May collect unemployment because his corporation had ceased operations.
Salsberg
Cannot collect unemployment because he refuses to say who he worked for.
Saluk
Did not meet his deadlines.
Sanders
Claimed she was not an officer of a corporation when she applied for unemployment. She was. Now she has to pay back what she received.
Sangiorgio
Asked for part time. Then said he'd rather collect unemployment.
Sarubbi
Cannot collect unemployment because he has a corporation.
Schirra
The temp agency had work for him, but he did not respond.
Schmidt
Cannot collect unemployment because she runs a film company out of her home, even though it doesn't make any money.
Schreiber
When a disabled student is not on the bus, the bus monitor is supposed to wait for reassignment, not go check email.
Schroder
Not eligible for training benefits because her school courses do not lead to a specific career.
Schulman
On days he reported for work and there was none, he said he did not work. But because he was paid for travel to work, he was not unemployed.
Schumer
Not eligible for training benefits because she was not accepted into the training program at the time she applied for ebenefits, even though she was accepted later.
Schwartz
Did not receive the notice until it was too late to appeal.
Scirri
Quit because the employer would not explain something having to do with overtime.
Scism
Took early retirement because of health.
Scott
A substitute teacher encounters an unusual loophole allowing her to collect unemployment during a school holiday.
Scott
A substitute teacher is eligible for unemployment during summer vacation because the letter from the school offering her work next year does not say how many days she will work.
Scuderi
The employer repeatedly offered her work, but she did not respond.
Seabrook
Excessive absenteeism
Sedlack
Got in a heated argument and left
Seftel
Did not return to work after maternity leave.
Segarra
Got angry with supervisors
Sepulveda
These mortgage originators are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Serafin
Failed to call in late when he got a flat tire.
Sgroi
Drug store greeter called in sick. Required to show a doctor's note. No insurance. Does not make enough to pay a doctor to keep a job where he does not make enough.
Shaposhnik
Did not meet the deadline for extended benefits because he worked for a while.
Sharon
Not eligible for unemployment because he is starting up a catering business which has not yet made any money.
Shayo
Left work an hour early for a medical appointment.
Sheldon
Quit her waitress job because of a knee injury.
Shell
Missed the deadline to appeal.
Shifreen
Quit because she didn't work enough hours.
Siegel
Not eligible for unemplaoyment because he is trying to start a business.
Silberman
Quit because her work schedule conflicted with her school schedule.
Silverman
Policy violation.
Simmons
Asked for a hearing but failed to appear.
Sims
Moved to Alabama to join her husband.
Singer
Not unemployed and must pay back the benefits she received because she is president of a non-profit community theater!
Singh
Security officer did not want to be transferred to another building.
Singh
This notary is not an independent contractor, but employee; and therefore the company owes unemployment taxes on her earnings.
Skinner
Quit when transferred to night shift.
Smalls
Lost her full time job; quit her part time job.
Small
While collecting unemployment, she did not disclose all the days she worked.
Smith
While collecting unemployment, worked part time as a teacher.
Smith
Did not admit on her application that she'd been convicted of a felony.
Smith
Cussed a partner at his law firm.
Smith
Did not report to her new assignment.
Smith
Fired for stealing money.
Smith
Many anonymous letters of complaint about mhim.
Snyder
Didn't continue to apply for unemployment while his appeal was pending, so can't collect for those weeks.
Snyder
This teacher recorded a meeting with school officials even when told to stop.
Soleng
Missed the deadline for appeal.
Soler
Not eligible for unemployment because his quit to take care of his dying mother was not medically necessary, they say.
Sona
Shook his finger at the supervisor.
Sotomayor
Not eligible for unemployment because she is a foster parent.
Spangler
Not eligible for unemployment because she took class notes for a disabled student.
Spectacular
These limo drivers are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Spencer
Did not deliver the paychecks to the company vice president by noon.
Spencer
A teacher applies for unemployment when the course she was to teach is cancelled.
Spielman
Lost her lease, closed the store, yet is unable to collect unemployment because she is still doing something unspecified for the store without a location.
Spina
Not eligible for unemployment because he refused a job paying much less.
Spinel
Left work early.
Spinning
Cannot collect unemployment because he sanded some wood for his wife's gift shop.
Standig
Not eligible for unemployment because he and a friend are looking into the feasibility of a business.
Stewart
Quit because he didn't like the way this car dealership did business.
Stiefvater
These real estate agents may be independent contractors, not employees; and therefore the company may not owe unemployment taxes on their earnings.
Stona
A legal aid lawyer refused to represent a defendant because she was a supervisor
Straw
Allegations of "innapropriate physical contact" with students.
Stuber
Reported to work under the influence.
Stuckelman
Legal secretaries are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Summers
Ineligible for benefits because they continue to receive pay checks.
Sundin
AWOL three days.
Sun
Massage therapists are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Suri
Ineligible for benefits because he runs several businesses under aliases.
Susswein
Fudged the logs to meet production quotas.
Suwczinsky
Worked part time while collecting unemployment.
Swan
Not eligible for benefits because he plowed snow on the side.
Sweeny
Tested positive for alcohol.
Swiech
Moved to Florida for health reasons.
Swinton
Insubordination.
Szal
Ineligible for benefits because he plowed snow at a dentist's office.
Tarasek
Told she would be let go in two weeks, she promptly took two weeks vacation instead of training her replacement.
Taylor
This substitute teacher is still subbing as before.
Taylor
She is ocasionally a substitute teacher; but unemployed enough to qualify for unemployment.
Teitelbaum
Salesmen for cosmetics sold in airport gift shops are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Terry
Threatened her supervisor.
Tetlow
Moved to Florida to take care of her ailing husband.
Thomas
Arrived late. Falsified his time sheet.
Tian
Housekeeper asked to clean a room didn't.
Tobin
Asked someone else to punch her in when she was absent.
Tomao
Appealed too late.
Tong
Fired for not providing a doctor's note; but told the department he was laid off.
Torres
"... dissatisfaction with an employer's method of doing business does not constitute good cause for leaving employment ..."
Total
The accountant failed to file quarterly wage returns and pay unemployment tax. Even though it's the accountant's fault, the company pays a penalty.
Toussaint
Failed to complete the required courses to continue teaching.
Trinidad
Appealed too late.
Troise
Cannot collect for the period he was unemployed before he applied for unemployment.
Tubiak
Quit after reprimand.
Tunne
Argued with his managers.
Turner
Not eligible because turned down a job.
Turner
Not enough earnings in the base period.
Ubl
Quit because his work hours were reduced.
Ulbing
"It is well settled that a principal of a corporation who performs activities on its behalf, even if minimal, will not be considered totally unemployed..."
Valenta
Tardiness.
Van Beek
Tardiness.
Vargas
These cable installers are not independent contractors, but employees; and therefore the company owes unemployment taxes on their earnings.
Varriale
His student job at the university does not qualify to establish a base period.
Vasquez
His business administration courses were too general to qualify as job training.
Vazquez
Harassed by a colleague.
Verdecchia
Ineligible for unemployment because her husband is a musician.
Vertigan
His wife was receiving harassing phone calls. His car was vandalized. He thought it must be someone at work. So he quit.
Vesseliza
School bus driver left the bus running and got off to go to the toilet.
Viele
Quit after just three days training.
Viohl
For thee years, the work load increased, until she quit.
Volmar
Went on break before changing wet beds.
Wagner
The plant was moved to Mexico. If she didn't accept a sevrance package, she was sure to get laid off.
Waite
Told the supervisor he had to go home ill. The supervisor did not answer. He went home. Has a doctor's note.
Walker
Appealed too late.
Walters
"It is well settled that a claimant who is the principal of a corporation will not be considered totally unemployed even if the business is not actively functioning and the claimant's participation is minimal ..."
Warmsley
Quit because of family difficulties.
Weaver
Problems with colleagues.
Weed
Quit when asked to perform a task which she considered unethical.
Weier
Not eligible for a couple of weeks because he did not call the correct telephone number.
Weiner
A sales clerk bought a fur coat that had been returned, at a significant discount.
Weiss
Relocated somewhere cheaper to live.
Wells
Heated argument with a client.
Werekoh
Appealed too late
West
Failed to return to work after three days suspension.
Wexler
A legal secretary does not qualify for extended benefits available to employees of airlines affected by 9-11.
Whaley
A payroll clerk juggled the date of her fiance's pay raise.
White
Windshield wiper broke. Couldn't get it fixed. Went home. Didn't tell the supervisor.
Whylie
"... a claimant who is a company officer and performs business-related activities on behalf of an ongoing corporation is not considered totally unemployed even if no income is received ..."
Williams
Failed criminal background check.
Williams
Groped female colleagues.
Williams
An employee of the police department is fired for not living in the city.
Wilmers
A travel agent does not qualify for extended benefits available to employees of airlines affected by 9-11.
Wilner
Wise
A convention center guard took home a bag of toys left after a party.
Wisinski
The department thinks that her husband's company hired her as an on call employee just so she could collect unemployment.
Witham
"A claimant who is the principal of a corporation is not considered totally unemployed where he or she stands to benefit financially from the corporation's continued existence even if his or her activities on its behalf are minimal ..."
Wlos
The employer objected to the way she dressed; but the court does not find it is misconduct.
Wojnar
Not enough earnings during the base period to apply for unemployment.
Wood
Quit because unhappy with a new dress code policy.
Wood
Stopped reporting to work.
Wood
"A claimant who is a principal of a corporation will not be considered totally unemployed even if the claimant's participation is minimal..."
Wynne
Told the company president he would get him back.
Yard
In order to qualify for extended training benefits, the claimant must apply for training before his unemployment runs out.
Yastrzemski
Quit because the other guys were talking about him.
Yott
Failed a drug test.
Youngblood
Quit when assigned to different duties.
Young
Failed a drug test.
Zaichik
AWOL four days.
Zegelbone
Is not eligible for unemployment because he is working on a magazine.
Zevallos
A customer complained.
Zhen
Criticism from an employer does not justify a quit.
Ziegler
Pension reduces his benefits to zero.
Goodman et al.
Teachers, etc., cannot collect unemployment during school vacations. These school office workers went on strike during the school term. Nevertheless, they cannot collect unemployment because their strike stretched into summer vacation.
David Gruber -- Kent Greene
The issue is what kind of employment qualifies one for Unemployment, versus what kind of employment disqualifies one from Unemployment.
David Killian
An engineering student signed up for a course which included a hands-on semester working at General Motors. When the semester was over, of course he went back to school. But then he applied for Unemployment. The court says no.
Shirley Klein
After paying her over $4,000 in Unemployment, now the state wants her to pay it back! Because her employer was a religious school, they say she can't collect. She says this violates the equal protection clause. This court says employees at schools like this can't collect.
Patricia Schwartfigure
The state paid her over $2,000 in Unemployment, and then decided she didn't deserve it. Next time she applied for benefits, they started deducting what they figured they had paid her by mistake. This court says they can't do that.
Sinker v. Sweeney
This lawyer was convicted of felony and disbarred, and so his firm fired him. Now he says that since his felony was not committed on the job, he should not be disqualified from Unemployment. This court says he doesn't collect.
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