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Loss or suspension of required license

Loss or suspension of required license
Matter of Hawkins v Commissioner of Labor, 2010 NY Slip Op 01722, decided on March 4, 2010, Appellate Division, Third Department

Woodrow Hawkins, a bus drive, had his commercial driver?s license suspended after he received tickets for speeding and running a red light. As he was required to have a valid commercial driver?s license to lawfully drive a bus, he was discharged from his employment following the suspension of his commercial driver's license.*

Hawkins then applied for unemployment insurance benefits but his application was rejected on the grounds that he had lost his employment due to ?disqualifying misconduct.?

The Appellate Division sustained the Unemployment Insurance Appeal Board?s decision that Hawkins had lost his employment under ?disqualifying circumstances? as he was unable to perform the duties of his job as a result of his having ?voluntarily engaged in actions that rendered him ineligible for his work as a bus driver.? This, said the Board, left the employer no choice but to discharge him.?

Under the circumstances, Hawkins was ?considered to have voluntarily left his employment without good cause.?

* In Felix v New York City Deptartment of Administrative Services, 3 NY3d 498, the Court of Appeals recognized a distinction between termination for misconduct ? dereliction in the performance of one's job ? and termination for failing to possess a minimum qualification of employment, which has no relation to competency, misconduct or job performance.

Full post as published by New York Public Personnel Law on March 08, 2010 (boomark / email).