Wednesday, April 11, 2012

NEW YORK UNEMPLOYMENT INSURANCE - DISABILITY AND CLAIMANTS

With respect to alcoholism, note the floowing case and the comment:

"A-750-1813
Index 1125-2
NEW YORK STATE DEPARTMENT OF LABOR
Unemployment Insurance Division
Adjudication Services Office
July 1, 1976

Interpretation Service -Benefit Claims
MISCONDUCT
Alcohol
Appeal Board Decision 220, 961


REPORTING TO WORK DRUNK

Reporting to work in an inebriated condition is misconduct, whether or not there has been a warning to that effect.

Referee decision: The initial determination of the local office disqualifying the claimant from receiving benefits effective October 23, 1975 because he lost his employment through misconduct in connection therewith, is overruled.

Appealed by: Industrial Commissioner and employer

Findings of fact: Claimant worked as a credit assistant for approximately one and a half years until October 22, 1975. On that date claimant reported to work under the influence of alcohol. He was unable to work and went home. He was discharged the following day when he reported to work.

Opinion: The evidence establishes that claimant was discharged because he reported to work drunk and was unable to perform his duties. We disagree with the referee's conclusion that because claimant had not been warned about reporting to work in such condition it is not disqualifying. Reporting to work in an admittedly inebriated condition is misconduct in connection with one's employment, whether or not there has been a warning to that effect. Therefore, claimant lost his employment due to misconduct in connection therewith.

Decision: The initial determination of the local office is sustained.

The decision of the referee, insofar as appealed from, is reversed. (June 2, 1976)

COMMENTS

Please note that no disqualification applies to a discharge under these circumstances if the claimant is a chronic alcoholic whose drinking is beyond his control."

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