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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

Unemployment Insurance Appeal Board Finds that Claimant's Failure to Disclose Misdemeanor Conviction Was Not a Misconduct (2010)

  • Organization: New York State Unemployment Insurance Appeal Board
  • Document Type: Case law/admin decisions
  • Date Created: Thursday, April 19, 2012
  • Submitted: Thursday, April 19, 2012
  • Attachment(s): PDF

Claimant had a 2001 misdemeanor conviction for welfare fraud, to which she obtained a Certification of Relief from Disabilities(CRD). When applying for employment, she responded no to the question regarding criminal conviction based on her attorney's advice that a CRD allowed her not have to disclose the misdemeanor. Although previous employers had accepted her explanation, she was fired from her recent job after the background check revealed her conviction.

In reversing the decision, the Appeal Board noted that her failure to disclose her conviction did not rise to level of misconduct because it was due to faulty advice from her attorney and she had suffered no adverse consequences with past employers for six years following such advice. Additionally, the Board found that her misdemeanor conviction distinguished this from a felony for which failure to reveal would be misconduct under Matter of Ghoreb, 219 AD.2d 793 (3d Dept 1995).

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