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Failure to maintain a residence within the employer?s geographic jurisdiction deemed disqualifying misconduct for unemployment insurance purposes

Failure to maintain a residence within the employer?s geographic jurisdiction deemed disqualifying misconduct for unemployment insurance purposes
Matter of Dwaine E. Williams v Commissioner of Labor, 47 AD3d 994

Dwaine E. Williams, a school safety agent with the New York City Police Department for some six years, lived in Westchester County. The City discharged Williams from his position for failing to comply with a provision of the New York City Administrative Code that mandated that he maintain a residence within New York City.

His application for unemployment insurance benefits was rejected on the grounds that his employment was terminated due to misconduct; i.e., failing to comply with his employer?s residency rules.

Finding that City?s residency requirement is a reasonable rule that Williams elected to ignore, the Appellate Division sustained the rejection of Williams? application for unemployment insurance benefits, holding that "[i]t is well settled that the failure to comply with an employer's reasonable rules can constitute misconduct disqualifying one from receiving unemployment insurance benefits."

Full post as published by New York Public Personnel Law on July 01, 2010 (boomark / email).