Thursday, February 4, 2010


Claimant is discharged because of an accused criminal act. Claimant is denied benefits for misconduct, and as a result, is homeless living in a shelter. Claimant requests hearing and is still denied benefits. A week after hearing, Claimant's criminal action is dismissed. Now what? Here are two Appeals Board decisions on this issue: For the sustainment of a charge of misconduct there must be clear proof that an act detrimental to employer's interests was indisputably committed by claimant. (A.B. 1008-39); Misconduct under the Law was established even though acts did not result in criminal conviction. (Ref. Dec. 532-78-39R. Principle confirmed by Matter of Colello, No.76-443 App. Div., 3rd Dept., Dec. 2, 1976, unreported).

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