Opinion
April 30, 1998
Appeal from the Unemployment Insurance Appeal Board.
Claimant was terminated from her employment as a regional staffing analyst for a department store after she violated the employers discount policy by allowing her sisters to use her employee-discount credit card on two occasions. Although an Administrative Law Judge overruled the initial decision disqualifying claimant from receiving benefits, upon the employers appeal and subsequent remittal of the case, the Unemployment Insurance Appeal Board ultimately overruled the ALJ's decision and sustained the initial determination. This appeal by claimant ensued.
Claimant acknowledged that she was aware of the employers policy and that she had received the employee handbook wherein it stated that violating the employee discount policy. was grounds for dismissal. Violation of an employers policies has been held to constitute disqualifying misconduct ( see, Matter of Linder [Hartnett], 176 A.D.2d 1165; Matter of Belai [Hartnett], 168 A.D.2d 773; cf., Matter of Haenni [Abraham Straus — Sweeney], 232 A.D.2d 716), especially when it is potentially detrimental to the employers best interests ( see, Matter of Blickley [Sweeney], 247 A.D.2d 738). Under the circumstances presented here, substantial evidence supports the decision of the Board, finding that claimant engaged in disqualifying misconduct. Furthermore, we find no abuse of discretion in the Boards decision to remit the case in order to, inter alia, give the parties a full and fair opportunity to be heard on the issues ( see, Labor Law § 621).
Cardona, P.J., Mercure, Crew III, Yesawich Jr. and Carpinello, JJ., concur.
Ordered that the decision is affirmed, without costs.