In re the Claim of Adorno
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 19, 1999, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment as a mechanic after the employer obtained video surveillance of him engaged in suspicious activities during business hours. Specifically, the video footage reveals claimant, on two separate days, loading his car with bags filled with unidentifiable contents over an extended period of time during working hours. Notably, he carefully secreted the bags from public view. Claimant was also observed filling his car with gasoline from a container on three separate occasions over the course of approximately two hours during his shift. Upon reconsideration, the Unemployment Insurance Appeal Board adhered to its prior decision which ruled that claimant was disqualified from receiving benefits on the basis that he lost his employment due to misconduct.
We find that substantial evidence supports the Board’s decision. Even assuming that claimant’s exculpatory explanations are true, i.e., that the bags contained clothes his co-workers
Mercure, J. P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.