No disqualifying misconduct after claimant’s credible testimony, says court
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Friday, April 19, 2019

No disqualifying misconduct after claimant’s credible testimony, says court

By Payroll and Entitlements Editorial Staff

After the claimant, a truck driver, returned his truck to the yard following a delivery, he was stopped by the director of security, who asked for access to the truck to perform a routine inspection. Not knowing who the director was and whether he had authorization to conduct the inspection, the claimant refused and told the director to contact the claimant’s supervisor. Once the director did so, the claimant allowed the inspection to proceed. He then was discharged for violating the employer’s policy requiring drivers to submit to truck inspections after the completion of deliveries and to cooperate with the persons performing those inspections. The claimant testified that he did not know the director or whether he was authorized to conduct the inspection and that, once the director spoke to the claimant’s supervisor, the claimant allowed the inspection to proceed. The Board credited the claimant’s testimony and concluded that his behavior did not rise to the level of disqualifying misconduct. Thus, the decision to award benefits was affirmed (Hasan v. Commr., N.Y. Sup. Ct., App. Div., No. 526901, 3/14/2019).

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