NEW YORK UNEMPLOYMENT INSURANCE - MISCONDUCT AND FINAL WARNING

From IN THE MATTER OF: Appeal Board No. 557575 (DECEMBER 14, 2011):

"In misconduct cases, we look to the final incident that precipitated the claimant's actual separation from his work, which in this case was the encounter with his co-worker. In this case the claimant was fired rather than disciplined like his co-worker because he had already been on an unrelated final warning for attendance. However, in misconduct cases, for a warning to support a conclusion of misconduct, it must be directly related to the facts of the final incident. Therefore, we do not agree with the Commissioner of Labor's contention that the September 30, 2010
attendance warning placed the claimant on notice that a violation of safety rules could end in his discharge."