Despite being told that she couldn't take time off to travel to South Africa, Marva Samuel, a public school paraprofessional, went on the trip and was fired for her unauthorized absence. When her request for unemployment insurance benefits was later denied, Marva filed an appeal.
Since she was forewarned that she would be terminated if she failed to report to work, and the school was allegedly damaged by her conduct (because it was forced to hire a substitute from funds set aside for school supplies), the Appellate Division, Third Department, let the decision stand.
Did she trip up?
To view a copy of the Appellate Division's decision, please use this link: Matter of Samuel (Commissioner of Labor)