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Matter of Jensen

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 645 (N.Y. App. Div. 1997)

Opinion

April 3, 1997


Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 24, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

As a result of being absent from work for over seven days without a medical reason, claimant was terminated from his employment as a dock worker. The Unemployment Insurance Appeal Board ruled that claimant was guilty of disqualifying misconduct because his termination resulted from his unauthorized absences. Claimant appeals, contending that the section of the union contract cited by his employer does not authorize dismissal but merely deals with loss of seniority due to an extended absence. Although the employer references the seniority section of the union contract, claimant was not discharged pursuant to this section but, rather, was deemed to have voluntarily quit due to his extended absence. As such, claimant's reliance on Matter of Sibble (Ross) ( 54 A.D.2d 778) is misplaced.

It is well settled that unauthorized absences from work can constitute misconduct warranting disqualification from receiving unemployment insurance benefits ( see, Matter of O'Grady [Hudacs], 195 A.D.2d 661; Matter of Kessler [Hudacs], 192 A.D.2d 1008). As there is no dispute that claimant was absent from work for over seven consecutive days without medical justification, we find that there is substantial evidence to support the Board's decision that claimant was terminated due to misconduct.

White, J.P., Casey, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Jensen

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 645 (N.Y. App. Div. 1997)
Case details for

Matter of Jensen

Case Details

Full title:In the Matter of the Claim of ERNEST JENSEN, Appellant. JOHN E. SWEENEY…

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

Date published: Apr 3, 1997

Citations

238 A.D.2d 645 (N.Y. App. Div. 1997)
656 N.Y.S.2d 952

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