Processing an application for unemployment insurance benefits

Processing an application for unemployment insurance benefitsMatter of Weinstein (City of New York Dept. of Citywide Admin. Servs.–Commr. of Labor), 2018 NY Slip Op 03576, Appellate Division, Third DepartmentGuidelines applied by the NYS Department of Labor in determining if a claimant was entitled to receive unemployment insurance benefits include:1. The determination of whether an employee was terminated for misconduct is a factual question for the Board to resolve.2. There must be substantial evidence in the record to support the Board's decision.3. A false representation on an employment application regarding whether a claimant has ever been convicted of a crime can constitute disqualifying misconduct on a claim for unemployment insurance benefits.Fred Weinstein [Claimant] filed a claim for unemployment insurance benefits. Claimant had commenced his employment as a sanitation worker for the City of New York on September 15, 2014. His employment was terminated in…

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