In Matter of Kridel v. Commissioner of Labor , Karen Kridel sought unemployment insurance benefits after being terminated from her position with a law firm.
Kridel, formerly employed on an hourly basis as a paralegal, was miffed when the firm implemented a policy which prohibited hourly employees from taking workday breaks (except for lunch). When Kridel disregarded that policy and continued to take cigarette breaks, she was discharged.
Although she applied and initially received unemployment insurance benefits, she was later disqualified "on the ground that [Kridel] was terminated for misconduct."
On appeal, the Appellate Division, Third Department, affirmed the disqualification noting Kridel intentionally violated her employer's "established policies and procedures.'" It also didn't help her case that Kridel lied on her application for unemployment insurance by indicating she had been discharged "due to a lack of work."
These days, lighting up not only kills ... but could get you fired!
For a copy of the Appellate Division's decision, please use this link: Matter of Kridel v. Commissioner of Labor