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).

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