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In re Weiner

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 2008
47 A.D.3d 1040 (N.Y. App. Div. 2008)

Opinion

No. 502693.

January 10, 2008.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 25, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Magdala M. Weiner, Forest Hills, appellant pro se.

Before: Cardona, P.J., Carpinello, Rose, Lahtinen and Kane, JJ.


Claimant worked as a sales associate at a department store and purchased a returned fur coat at a significant discount to its listed price without the requisite management authorization. Following an investigation of this incident, claimant was terminated from her position. The Unemployment Insurance Appeal Board ruled that she was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Claimant appeals.

We affirm. An employee's violation of an employer's reasonable policy, which is detrimental to the employer's financial interest, has been found to constitute disqualifying misconduct ( see Matter of Washington [Commissioner of Labor], 309 AD2d 1135; Matter of Rizzo [Commissioner of Labor], 307 AD2d 573). The employer's policy concerning employee purchases was designed to protect it against monetary loss, and claimant's disregard of this policy was clearly adverse to its interest. Therefore, substantial evidence supports the Board's decision and claimant's contrary testimony presented a credibility issue for the Board to resolve ( see Matter of Oddo [Lee Pubis. — Commissioner of Labor], 32 AD3d 1061, 1062).

Ordered that the decision is affirmed, without costs.


Summaries of

In re Weiner

Appellate Division of the Supreme Court of New York, Third Department
Jan 10, 2008
47 A.D.3d 1040 (N.Y. App. Div. 2008)
Case details for

In re Weiner

Case Details

Full title:In the Matter of the Claim of MAGDALA M. WEINER, Appellant. COMMISSIONER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 10, 2008

Citations

47 A.D.3d 1040 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 143
850 N.Y.S.2d 658