In re the Claim of O'Connell
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed April’22, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
In any event, the employee manual directed that any secondary employment should have been discussed with a manager to determine if there was any conflict of interest. Given claimant’s admission that he considered his brother-in-law to be a “knuckle head” for disclosing claimant’s employment situation to his employer, the Board rejected claimant’s assertion that he was unaware that he was required to disclose his secondary job to the employer. Inasmuch as “acts of an employee that have a detrimental impact upon the employer’s interests have been found to constitute disqualifying misconduct especially when they run counter to the employer’s established policies” (Matter of Knight [Commissioner of Labor], 300 AD2d 727, 727 [2002]; see Matter of Colombo [Commissioner of Labor], 283 AD2d 752, 753 [2001]; Matter of Naymark, 232 AD2d 804, 804 [1996]), we find no reason to disturb the Board’s decision.
Mercure, J.P., Peters, Rose, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.