(Download) "Matter Claim Julius Fishbein" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Claim Julius Fishbein
- Author : Supreme Court of New York
- Release Date : January 27, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Appeal from a decision of the Unemployment Insurance Appeal Board which disqualified claimant from receiving benefits effective July 10, 1962 on the ground that he voluntarily left his employment without good cause by provoking his discharge. Claimant was employed by Burns Detective Agency as a uniformed guard from November, 1960 through July 19, 1962. At the employer's request he filed an application for a pistol permit with the Police Department of the City of New York. The application required that the claimant list all his residences for the last 10 years and, on his application, he falsely reported such residences and failed to list several places where he had resided during the 10-year period. Prior to submitting his application for the license, he had submitted to the employer the answers set forth by him to the application which he signed. His application for a license was denied because of the false statements as to the residences. The Police Department reported the false statements to the employer and he was thereupon discharged. The employer's rule that employees would be dismissed for false statements or lying was known by the claimant. The claimant clearly violated the employer's regulations against false reports or lying, and his discharge was brought about by such conduct. His provoked discharge was a voluntary leaving of employment without good cause. Whether claimant's actions constituted a voluntary leaving of employment without good cause by provoking his discharge is a factual determination for the board. (Labor Law, Γ§ 623; Matter of Monahan [ Catherwood ], 27 A.D.2d 781; Matter of Babe [ Catherwood ], 28 A.D.2d 632, mot. for lv. to app. den. 20 N.Y.2d 645.) The decision is supported by substantial evidence and should not be disturbed. Disposition Decision affirmed, without costs.