Labor & Employment Law

Chronic lateness disqualifying misconduct for Unemployment Insurance purposes

By Harvey Randall, Esq.

Chronic lateness disqualifying misconduct for Unemployment Insurance purposes
Matter of Jacqueline V. Morgan v Commissioner of Labor, 42 A.D.3d 846, Appellate Division, Third Department

Probation officer Jacqueline V. Morgan was fired for chronic lateness. The Unemployment Insurance Appeal Board denied her claim for unemployment insurance benefits on the ground that she had been terminated for disqualifying misconduct. The Appellate Division sustained the Appeal Board?s ruling.

According to the decision: ?An employee?s failure, in the face of prior warnings, to abide by an employer?s policy concerning tardiness can constitute disqualifying misconduct.?

Morgan had been warned numerous times about her continued lateness Further, she had entered into a stipulation of settlement resolving disciplinary charges for habitual lateness that had been filed against her. The stipulation required her to give advance notice before using any sick time and furnish medical documentation upon her use of such sick time.

Notwithstanding this, in April 2006, Morgan was tardy for work due to alleged medical reasons on four consecutive days but she offered no medical documentation for three of those days.

With respect to the one day for which she did provide a doctor?s note, she failed to notify the employer in advance that she was going to be late.

Accordingly, the court said that substantial evidence supports the Board?s finding that Morgan?s employment had been terminated for misconduct and, as such, she was not entitled to unemployment insurance benefits.

Full post as published by New York Public Personnel Law on April 17, 2008 (boomark / email).