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New York Unemployment Case Law

Research at the very excellent Cornell Law Library

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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.
Viera: Students harassed and threatened the English teacher until she quit.
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.