Sandra J. worked as a caseworker for a child welfare agency, and upon obtaining approval from her supervisor, was given a $15 gas card to use for field visits to clients. She was later fired when her employer discovered that Sandra had used gas cards on days when she wasn’t working.
When she applied for benefits, the Unemployment Insurance Appeal Board decided that Sandra’s dishonesty was “disqualifying misconduct,” and denied her request.
Because her employer didn’t have a policy on the return or retrieval of unused gas cards, the Appellate Division, Third Department, didn’t think that the alleged misuse was the kind of misconduct which supported a denial of benefits.
Gotta give her credit.
To view a copy of the Appellate Division’s decision, please use this link: Matter of J. (Commissioner of Labor)