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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

Unemployment Insurance Appeal Board reverses administrative law Judge's decision on claimant's eligibility to receive unemployment insurance benefits after employment was terminated based on B-misdemeanor conviction two years prior (ALJ Case No. 308-01502) (2009)

  • Organization: State of New York Unemployment Insurance Appeal Board
  • Document Type: Case law/admin decisions
  • Date Created: Tuesday, April 07, 2009
  • Submitted: Friday, April 17, 2009
  • Attachment(s): PDF

Claimant was employed by a healthcare agency for six months starting in July, 2007. Based on results of a background check that revealed a B-misdemeanor conviction in 2005, DOH temporary work approval was revoked and Claimant's employment was terminated.

Claimant's unemployment insurance application was denied and denial was upheld by the Administrative Law Judge. The Appeal Board reversed the decision, holding that where misconduct occurred prior to the employment the Claimant could not know that the misconduct could affect her ability to work in the chosen field, and therefore Claimant cannot be held to have transgressed a known obligation of employment.

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