Tuesday, March 4, 2014

NEW YORK UNEMPLOYMENT INSURANCE - MISCONDUCT - FIGHTING ON THE JOB

Fighting with fellow employees can be verbal, can be physical, can be a mixture - and inevitably can lead to serious concerns with employers.

In this discussion, I am going to limit the instance where both employees are involved in a physical altercation. Thus, there is a general rule with the Department of Labor that "A fight with fellow employee in which claimant acted in self-defense did not constitute misconduct. (Ref. Dec. M11-7-38R; B-6-38; similarly A.B. 33,250-52)" However, there is a caveat: "Fighting on the job in violation of an employer rule is misconduct regardless of who initiates the fight, if the claimant has an opportunity to withdraw from the dispute but does not do so."

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