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Employee terminated for cause following a disciplinary hearing disqualified from receiving unemployment insurance benefits

Employee terminated for cause following a disciplinary hearing disqualified from receiving unemployment insurance benefits
Matter of Czosek v Cheektowaga-Sloan Union Free School Dist., 2010 NY Slip Op 02462, Decided on March 25, 2010, Appellate Division, Third Department

Paul V. Czosek worked as a special education teacher for a school district for over 20 years. In May 2006, the district brought disciplinary charges against him pursuant to Education Law § 3020-a and sought his termination. A disciplinary hearing was conducted before a Hearing Officer who sustained a number of the charges, including allegations that Czosek inappropriately shouted at the school principal in the presence of students and staff, left students in his classroom unsupervised and engaged in sexual harassment.

The Hearing Officer concluded, based upon the evidence presented, that Czosek's termination was warranted.

Czosek applied for unemployment insurance benefits but the Unemployment Insurance Appeal Board ruled that he was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The Appellate Division affirmed the Board?s determination disqualifying Czosek for benefits, noting that the factual findings of the disciplinary Hearing Officer are entitled to collateral estoppel effect inasmuch as Czosek was present at the Education Law §3020-a hearing and had a full and fair opportunity to be heard with respect to the charges of misconduct forming the basis for his dismissal.

Accepting those findings, said the court, "an employee's actions that are contrary to established policies and have a detrimental effect upon an employer's interests have been found to constitute disqualifying misconduct" citing Matter of Cody [New York City Dept. of Educ. ? Commissioner of Labor], 37 AD3d 920

Full post as published by New York Public Personnel Law on April 06, 2010 (boomark / email).