Remuneration paid to claimant prior to start of suspension could not be used to establish valid original claim
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Thursday, April 18, 2019

Remuneration paid to claimant prior to start of suspension could not be used to establish valid original claim

By Payroll and Entitlements Editorial Staff

The claimant, a computer operator for a municipality, was denied benefits for failing to establish a valid original claim. She committed numerous violations of the employer’s code of conduct, including failing to report to work on time, being absent without authorization, sleeping and lounging during her shift, and refusing to comply with her supervisor’s directives. As a result, the employer imposed a 30-day suspension on her. Given the claimant’s misconduct, substantial evidence supported the Board’s decision finding that remuneration paid to her prior to the start of her suspension could not be used to establish a valid original claim. Accordingly, the Board’s decision to deny benefits was affirmed (Arocho v. Commr., N.Y. Sup. Ct., App. Div., No. 527111, 3/14/2019).

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