Evidence that the employee was clearly aware of the employer’s policy defeats argument that the policy was not set out “in writing”

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Evidence that the employee was clearly aware of the employer’spolicy defeats argument that the policy was not set out “in writing”Matter of Osborne (Commissioner of Labor), 2013 NY Slip Op00370, Appellate Division, Third Department
 The Unemployment Insurance Appeal Boardruled that claimant was disqualified from receiving unemployment insurancebenefits because his employment was terminated due to misconduct.
The individual had been counseled by his supervisor abouthaving inappropriate relationships in the workplace. Notwithstanding this, hebecame involved in a relationship and was issued a written disciplinary warningnotice at that time, which stated that the relationship was a clear violationof the standards that he was counseled on earlier and that any furtherinfractions in this regard would result in his termination.
Although the individual apparently briefly ended therelationship, it was subsequently resumed and his employment was terminated.
The Appellate Division affirmed the Unemployment InsuranceAppeal Board decision disqualifying the individual for unemployment insurancebenefits, explaining that "A knowing violation of an employer'sestablished policy or reasonable request may constitute disqualifyingmisconduct, particularly where, as here, the claimant has received priorwarnings about similar behavior."
While the court noted that the employer’s policy in questionwas not in writing, the individual was clearly aware of the policy as he signeda warning letter affirming his understanding of it.
The decision is posted on the Internet at: http://www.courts.state.ny.us/reporter/3dseries/2013/2013_00370.htm