In re Mejia

• Decision Date: 05 February 2015
• Parties: In the Matter of the Claim of Victor M. MEJIA, Respondent. Metropolitan Cable Communications Inc., Appellant. Commissioner of Labor, Respondent.
• Court: New York Supreme Court — Appellate Division

125 A.D.3d 1042
3 N.Y.S.3d 180
2015 N.Y. Slip Op. 00958

In the Matter of the Claim of Victor M. MEJIA, Respondent.

Metropolitan Cable Communications Inc., Appellant.

Commissioner of Labor, Respondent.

Supreme Court, Appellate Division, Third Department, New York.

Feb. 5, 2015.

3 N.Y.S.3d 181

Arnold Davis, New York City, for appellant.

Michelle I. Rosien, Philmont, for Victor M. Mejia, respondent.

Before: PETERS, P.J., McCARTHY, EGAN JR. and CLARK, JJ.

Opinion

125 A.D.3d 1042

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 17, 2014, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant worked as a technician for the employer, a cable installation contractor, for five years. The employer allowed technicians to use their own personal vehicles for work and they received extra compensation for doing so. It also had a policy prohibiting technicians from having anyone in their vehicles during the course of the work day without authorization. On September 8, 2011, claimant reported to work driving his own personal vehicle with his wife as a passenger and, after obtaining his work schedule, dropped his wife off at a doctor's appointment before arriving at his first call. The employer found this to be a violation of its policy and terminated claimant's employment. Claimant's application for unemployment insurance benefits was initially denied on the ground that his employment was terminated due to misconduct. This determination was later overruled by an Administrative Law Judge following a hearing, and the Unemployment Insurance Appeal Board affirmed this decision, entitling claimant to receive benefits. The employer now appeals.

3 N.Y.S.3d 182

Whether the behavior providing the basis for termination constitutes misconduct disqualifying an employee from...