1250 Broadway, 27th Floor New York, NY 10001

MISJUDGED?

Brandon O.--an associate for only four months--got fired for accepting a settlement offer without first consulting with his supervisor or the firm's client.

When he later filed for unemployment, Brandon was denied benefits because of his "misconduct." But when both an Administrative Law Judge and the Unemployment Insurance Appeal Board reversed that determination, his former employer appealed.

Because Brandon was an "inexperienced" lawyer who hadn't been given "much training," the Appellate Division, Third Department, thought the guy's actions were the result of "poor judgment," rather than "misconduct," and opted to leave the grant of benefits undisturbed.

That settles that.

To view a copy of the Appellate Division's decision, please use the following link: Matter of O. (Commissioner of Labor)

Categories: