Thursday, December 29, 2011

NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - MISCONDUCT OR SEPARATION RE: VACATIONS - CASE NO. 8 & 9

This is a common situation:

1. Vacation requested by claimant.

2. Plans made by claimant for vacation.

3. Employer revokes vacation request.

4. Claimant refuses to cancel vacation and takes vacation.

5. Upon return from vacation, claimant learns he has either (a) been fired or (b) that employer's position is that by taking vacation, claimant quit employment.

The general rule, according to the Appeal Board, is as follows:

"No disqualification for voluntary leaving employment applies to a claimant whose employment is terminated upon refusal to cancel a vacation trip abroad when a leave for this purpose had been granted and when in reliance thereon, he had incurred expenditures and would have suffered a substantial financial loss by the cancellation of the trip. (A.B. 65,606-580)"

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