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Downloading employer?s computer records without approval disqualified terminated employee for unemployment insurance benefits

Downloading employer?s computer records without approval disqualified terminated employee for unemployment insurance benefits
Matter of Coleman v Commissioner of Labor, 2010 NY Slip Op 03022, decided on April 15, 2010, Appellate Division, Third Department

Jermaine C. Coleman was employed as a recruitment coordinator at a New York City agency for approximately nine months.

While performing his duties, he failed to obtain identification information from prospective job candidates even though he had been instructed to do so. Coleman?s employment was terminated when it was discovered that, he had also downloaded 846 of the employer's files containing sensitive information from his computer at work onto a personal flash drive.

Although Coleman initially stated that he was performing his schoolwork while on the job when questioned regarding the use of the flash drive, he later indicated that he downloaded the employer's files to permit him to take work home with his supervisor's permission.

In contrast, the supervisor indicated that claimant's repeated requests for permission to bring work home had been denied.

The applicable standard in such cases: "[c]onduct that is 'detrimental to the employer's interest or in violation of a reasonable work condition' constitutes misconduct and will disqualify an employee from eligibility for unemployment insurance benefits."

The Appellate Division said that Coleman?s downloading his employer's files containing sensitive information ? in violation of the employer's code of conduct and contrary to his supervisor's directives ? was both adverse to the employer's interests and a violation of a reasonable work condition.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2010/2010_03022.htm

Full post as published by New York Public Personnel Law on May 03, 2010 (boomark / email).