In Matter of McCool v. Commissioner of Labor , the Unemployment Insurance Appeal Board (UIAB) sought to recover monies paid to Raymond McCool.
McCool was fired from his job as truck driver when his employer's background check revealed two unreported felony convictions.
After the UIAB ascertained McCool's job loss was due to misconduct -- i.e., he reponded "no" to a question regarding any prior felony convictions -- he was asked to repay the benefit monies he had received.
On appeal, the Appellate Division, Third Department, concurred with the agency's determination because McCool "willfully" misrepresented his personal history both on his job application and during his testimony to the UIAB.
Uncool?
To view a copy of the Appellate Divisions decision, please use this link: Matter of McCool v. Commissioner of Labor