Labor & Employment Law

School bus driver denied unemployment benefits after termination for using his personal vehicle to transport students

School bus driver denied unemployment benefits after termination for using his personal vehicle to transport students
Matter of Roger D. Ferri v Commissioner of Labor, 45 A.D.3d 1101

Ferri, a bus driver, was fired from his job as a result of his offering to drive a student to school in his personal vehicle. The Unemployment Insurance Appeal Board ruled that Roger D. Ferri was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Appellate Division affirmed the Board?s determination.

The court said that the record establishes that Ferri was aware of his employer?s policy that only school buses could be used to transport students to and from school. Despite that, Ferri conceded that he offered to drive a student to school in his own vehicle.

Commenting that Ferri?s ?knowing violation of the employer?s policy was potentially detrimental to the employer?s best interests,? the Appellate Division ruled that substantial evidence supports the Board?s decision and dismissed his appeal.

Full post as published by New York Public Personnel Law on May 12, 2008 (boomark / email).