Monita Johnson, a home care aide, arrived at a patient's residence and found another aide had been assigned. Apparently, the patient's family had requested that Johnson be replaced, as had several other patients. And, upon learning of that development, Johnson supposedly resigned.
When she later sought unemployment insurance, an Administrative Law Judge fell for Johnson's claim that she had been fired and awarded benefits. On further review, the Unemployment Insurance Appeal Board concluded that Johnson had resigned and wasn't entitled to any compensation.
As a result, the poor lady had to return any money she had received and a penalty was assessed against her.
On appeal, the Appellate Division, Third Department, didn't think that harsh criticism or problems with an overly critical supervisor justified relief in her favor. And, because she "misrepresented" she had been discharged, the penalty was allowed to stand.
The AD3 sure fired away!
To view a copy of the Appellate Division's decision, please use this link: Matter of Johnson v. Commissioner of Labor