Thursday, May 3, 2012

NEW YORK UNEMPLOYMENT INSURANCE - FALSE JOB APPLICATION

Disclosure of criminal background may also be required even if an employee obtains a certificate of relief from disabilities as set forth in Article 23 of the New York State Correction Law:

"MATTER OF GHORAB, 219 A.D.2d 793, 631 N.Y.S.2d 786 (3rd Dept. 1995)

On her application for Federal employment, claimant failed to disclose a prior felony conviction. Claimant subsequently resigned from her position when informed that she would otherwise be terminated. The Board found that the falsification of claimant's employment application constituted misconduct and, consequently, ruled that claimant was disqualified from receiving benefits. Claimant asserts that because she was given a certificate of relief from disabilities, she did not believe she had to disclose her prior felony conviction, and contends that the Board's finding that she engaged in misconduct is not supported by substantial evidence. Although a certificate of relief from disabilities serves to remove any bar to an individual's employment automatically imposed by law, it does not relieve an individual from disclosing a prior criminal conviction (see, Correction Law § 701; Matter of Mirra [Catherwood], 31 A.D.2d 703), nor does it preclude the Board from disqualifying an individual from receiving benefits due to misconduct (see, Matter of Belmar [New York City Bd. of Educ. — Roberts], 122 A.D.2d 478, appeal dismissed 69 N.Y.2d 707; Matter of Bruggeman [Roberts], 101 A.D.2d 973, lv denied 63 N.Y.2d 608; see also, Matter of Riforgiato v Board of Educ., 86 A.D.2d 757; Matter of Springer v Whalen, 68 A.D.2d 1011, lv denied 47 N.Y.2d 710). Claimant's failure to disclose her prior felony conviction provided the basis for the Board's finding of misconduct and, therefore, we find that substantial evidence supports the Board's decision.

Ordered that the decision is affirmed, without costs."

No comments:

Post a Comment