Legal Question in Employment Law in New York

Unemployment Appeal/denial

I was working as a server at a steakhouse and was let go following an incident in which I confronted a guest of mine whom I had witnessed filling her purse/ shopping bag with silverware, condiment bottles etc. and a very large pile of goodies from the salad bar. Normally i would have let it go by the wayside but she was brazzen and actually asked that i get her another bag/boxes. I obviously refused her request explaining that if i were involved and assisting in her theft i would risk losing my job as per the employment handbook. I immediately informed the manager and he also confronted her about the situation, she was asked to leave the restaurant immediately. I was never disciplined, written up or verbally warned by any in store manager about this. 3 Days later she had written a letter complaining about what a ''creep'' I had been and to some extent admitted theft in her letter. The general manager had backed me up against corporate but as per VP of the company I was fired. I claimed unemployment and was later denied retroactively citing misconduct. There were signs in the kitchen telling us to curb theft. Do I have legs to stand on at my appeal hearing and is there any recourse for either after the ALJ makes a decision, Thanks


Asked on 10/21/08, 4:22 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Unemployment Appeal/denial

Yes you do have a good chance at the hearing. You can ask the ALJ to subpoena the witnesses in your favor, such as the manager who backed you up, and if you want to discuss further, contact me.

An appeal from an ALJ goes to the Appeal Board of the Department, and thereafter, to the third dept of the Appellate Division.

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Answered on 10/22/08, 1:40 pm


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