Wednesday, May 23, 2012

NEW YORK UNEMPLOYMENT INSURANCE - MISCONDUCT - SEXUAL HARASSMENT

When a claimant is faced with such an allegation of misconduct, the Appeal Board may address the issue of policy and training given. For example in Mailed and Filed: JANUARY 30, 2012 IN THE MATTER OF: Appeal Board No. 555346:

"Our review of the record reveals that the case should be remanded to hold a hearing. A further hearing should be held to develop the record regarding whether the claimant knew or should have known that his actions were detrimental to the employer's interests. We have determined that there is good cause to consider the employer's sexual harassment policy as well as other relevant policies, procedures, guidelines, or practices, in effect at the time of claimant's employment and known to the claimant. The Administrative Law Judge shall confront the parties with the Summaries of Interview and properly enter those documents into the record.The employer should produce the sexual harassment policy and training in effect at the time of claimant's hire and evidence that claimant received the policy and/or training. Any other relevant policies or guidelines, as described in the preceding paragraph, should also be produced. The claimant, his witness(es), if any, and any firsthand witness(es) for the employer should be prepared to testify about what the claimant knew about such policy and/or training and should produce any documents the claimant received from the employer in this regard."

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