Question

FACTS: June Jordan was employed by Metropolitan Hospital as a technician in the emergency department for thirteen (13) years. For the last three years of her employment, Ms. Jordan was approved to take leave time pursuant to the Family and Medical Leave Act (FMLA) related to the care of her son who suffers from Parkinson’s disease. Prior to the posting of the monthly schedule, Ms. Jordan had requested and been granted, time off on September 1st and 2nd, 2019. On or about August 21, 2019, Ms. Jordan spoke to the assistant nurse manager about switching her 7:00 a.m. to 3:00 p.m. shift on August 30th, 2019, to an overnight shift that would allow her to leave work at 6:00 a.m. on August 30th. She explained to the assistant nurse manager that she needed to do something for her son. The assistant nurse manager told Ms. Jordan that she would be agreeable if Ms. Jordan could find someone to switch shifts with her. Ms. Jordan did not arrange to switch with a co-worker. On August 30, 2019, Ms. Jordan called out absent from her scheduled shift under the usual procedure for taking FMLA time off. That morning, Ms. Jordan took a flight to Cuba. On September 2, 2019, Ms. Jordan consulted with a neurosurgeon in Cuba about alternative treatment for her son. On September 2, 2019, the assistant nurse manager, having heard talk in the emergency department that Ms. Jordan was posting pictures from Cuba, looked at Ms. Jordan’s posts on Facebook. Ms. Jordan had posted a picture of her boarding pass stamped as leaving for Cuba at 8:51 a.m. on August 30, 2019. Ms. Jordan was next scheduled to work on September 4, 2019. When she reported to work, the assistant nurse manager and the director of nursing met with Ms. Jordan and a union representative to find out what happened on August 30th. Ms. Jordan first said she needed August 30th off to take her son to a doctor’s appointment. After being shown the post of her boarding pass, Ms. Jordan said she took a later flight and then said nothing more. The director of nursing asked Ms. Jordan to provide proof that her son had a medical appointment on August 30th. On or after September 4, 2019, Ms. Jordan requested notes from a doctor in New York and the doctor she consulted with in Cuba. Sometime between September 4th and September 13th, 2019, Ms. Jordan told the director of nursing that she was trying to obtain doctor’s notes and Ms. Jordan showed the director of nursing positive references from previous employers about her work ethic. The director of nursing told Ms. Jordan that she did not need to see her papers. On September 13, 2019, Ms. Jordan was discharged by the director of nursing for dishonesty and abuse of FMLA related to her absence on August 30, 2019. Ms. Jordan filed for unemployment insurance benefits effective September 19, 2019, and received weekly benefits totaling $7,980. On or about September 23, 2019, Ms. Jordan submitted an online questionnaire to the Department of Labor stating that she has a doctor’s appointment in another country, that she had a letter explaining that she met with the doctor about her son’s condition, and that the director of nursing did not want to accept any of her documents. On October 11, 2019, Ms. Jordan told a labor service representative that she told the employer she had something to do for her son and that she did not tell the employer that she had a doctor’s appointment. Using the IRAC structure, in a 3-5 page paper, discuss the question below. Based on NYS Labor Law Section 593, should Ms. Jordan receive unemployment insurance benefits? Explain the employer’s position that Ms. Jordan was terminated for dishonesty and abuse of FMLA; Explain Ms. Jordan’s position that she is entitled to benefits; Explain your conclusion. NEW YORK STATE LABOR LAW SECTION 593 “3. Misconduct. No days of total unemployment shall be deemed to occur after a claimant lost employment through misconduct in connection with his or her employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate.”

I need analysis on part of the employer and the employee. As well as conclusion on supporting analysis of either the employer or the employee.

Answer 1

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With reference to the above case, Ms. Jordan is not entitled for unemployment insurance benefits as based with NYS Labor Law Section 593

According to NYS Labor Law Section 593(3), for a person who has been discharged from his employment based on a misconduct, he or she is not entitled for unemployment insurance benefits.

Analysis

Certainly, Mrs. Jordan wanted to change her shift so that she can be able to leave her workplace at 6.00 am on 30th august. The reason behind her shift change was to do something for her son. She never said it was for her son medical purpose. The assistant manager asked her to find someone and switch shift. However, she decided to ignore the advice and became absent on 30th august. This is a form of professional misconduct that any reasonable professional would not do in such situation.

After reporting back to work, she was asked by the nurse manager to provide evidence that her son had a medical appointment, but she failed to produce it. For this reason, she was discharged from her work based on dishonesty and violation of FMLA: which was valid and fair based on her misconduct.

Conclusion

Mrs. Jordan was fairly discharged based on misconduct which involved dishonesty and violation of FMLA. For this reason, she is not entitled for any unemployment insurance benefits

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