Cindy Lewis lost her job when a medical condition kept her from working mandated overtime at a Livingston County-owned nursing home. And when she later sought unemployment benefits, her employer claimed she wasn't eligible for coverage because of her "misconduct"--i.e., her refusal to work the required shifts.
When the Unemployment Insurance Appeal Board found in Lewis's favor, the County appealed.
Because she had informed her employer of her "medical restrictions," the Appellate Division, Third Department, sided with Lewis because the loss of work due to "substantiated health problems" didn't fall within the ambit of "misconduct."
There was no shift in position there.
To view a copy of the Appellate Division's decision, please use this link: Matter of Lewis (County of Livingston--Commissioner of Labor)