Education Law 3020-a Decision Finding of Misconduct Bars Unemployment Insurance

Under New York law, if an employee is terminated for misconduct, they generally are not entitled to unemployment insurance. The issue of what constitutes disqualifying misconduct is often litigated.

Matter of Telemaque v. Commissioner of Labor, ____A.D. 3d___(3d Dep't, 2017), addressed the issue of whether a finding of misconduct by a Education Law Section 3020-a hearing officer is conclusive for purposes of Unemployment Insurance and the court held that it is, reasoning:

 Claimant primarily challenges the Hearing Officer's factual and credibility determinations, and argues that evidentiary errors were made at the disciplinary hearing. It does not appear that claimant appealed that disciplinary determination and her challenges to the merits of that determination may not be raised in this unemployment insurance proceeding. Moreover, the record reflects that claimant was represented by an attorney at the hearing who had the opportunity to present evidence and witnesses and to cross-examine the employer's witnesses, and that claimant testified at length with regard to the charges. As claimant had a full and fair opportunity to litigate the charges of misconduct at that hearing, the Board properly gave collateral estoppel effect to the Hearing Officer's factual determinations. . .