AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Unemployment Compensation Claims
Louisiana appellate
court sustains a decision to deny unemployment benefits to a former police
officer who was fired for altering a police report. Chester v. City of
Ponchatoula, #2010 CA 0139, 2010 La. App. Unpub. Lexis 470.
Appellate court
rules that a former worker was not entitled unemployment insurance benefits
because she voluntarily left her employment without good cause. Although
she had been reprimanded by her superior, she abruptly left her job; criticism
by an employer is not good cause for leaving one's employment. Tubiak v.
Cmsnr. of Labor, #501029, 2007 NY Slip Op 03038, 2007 N.Y. App. Div. Lexis
4437 (3rd App. Dept.).
State Unemployment Board should have
denied benefits to an employee who was found fired for misconduct by the
Board of Fire and Police Commissioners. Doctrine of Collateral Estoppel
applies. Vil. of Oak Park v. IL Dept. of Emplmt. Security, #1-01-3113,
2002 Ill. App. Lexis 535 (Ill. App. 1st Dist. 2002). {N/R}
Illinois appellate court denies benefits
to a worker who was fired for downloading porn pics on his computer at
work, in violation of the employer's Internet use policies. Muehling v.
U.S. Cellular, unrptd., #1-99-3906 (Ill. App. 1st Dist. 11/27/2000). {N/R}
A city employee's decision, to violate the
employer's residency requirement, disqualified him from receiving unemployment
benefits. City of Kansas City v. Arthur, 998 SW.2d 870 (Mo.App. 1999).
{N/R}
It was not unlawful discrimination for an
employer to retain employees who had bought marijuana from a coworker,
but to terminate the employee who sold it. Daniels v. Unempl. Comp. Bd.,
#96 C.D. 2000, 755 A.2d 729, 2000 Pa. Commw. Lexis 397. {N/R}
Massachusetts Supreme Court allows public
employees to collect unemployment benefits when they quit to move in with
or stay living with a domestic partner in another community. Reep v. Cmsnr.
Dept. of Empl. and Trng., 30 (1471) G.E.R.R. (BNA) 924 (Mass. 1992). [1992
FP 126]
Female corrections officer, depressed from
viewing a male inmate who repeatedly masturbated in her presence, had "good
cause" to resign and collect unemployment benefits. State Dept. of
Corr. v. Stokes, 558 So.2d 955 (Ala. 1990).
20 day suspension for impregnating teenager
does not entitle impregnator to unemployment compensation during suspension
period. Oudinot v. Penn. Unempl. Bd., 467 A.2d 84 (Pa. Cmwlth. 1983).