NEW YORK UNEMPLOYMENT INSURANCE - MISCONDUCT AND FINAL WARNING

As a general rule, in misconduct cases, for a warning to support a conclusion of misconduct, it must be directly related to the facts of the final incident. Thus, if employer issues a final warning regarding "Behavior A" but the final incident is "Behavior B", the final warning regarding "Behavior A" did not place the claimant on notice that engaging in "Behavior B" could end in discharge