Thursday, May 10, 2012

NEW YORK UNEMPLOYMENT INSURANCE - FALSE JOB APPLICATION

A misrepresentation regarding a high school education has been held to be misconduct:

"MATTER OF STARICH

52 A.D.2d 965 (3rd Dept. 1976)

Koreman, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

On claimant's application for employment, he indicated he was a high school graduate. Subsequent investigation by his employer revealed that he had not completed high school. Claimant's contentions in support of his claim were rejected by the board and there is substantial evidence to support its determination of misconduct (Matter of Collazo [Levine], 51 A.D.2d 603; Matter of Gunther [Levine], 47A.D.2d 811).

Decision affirmed, without costs."

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