64 A.D.2d 760 | N.Y. App. Div. | 1978
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 22, 1977, which reversed a decision of a referee affirming the initial determination and held that the claimant was ineligible for benefits effective February 28, 1977 because she lost her employment because of misconduct in connection therewith. The claimant had worked for the employer, Manufacturers Hanover Trust Company, for about 10 years as supervisor of a clerical unit. According to the bank’s policy, the claimant and those similarly situated, if not all of the employees, received their salary by means of the bank depositing the same each week to the credit of the employee in a checking account in his name in the employer bank. The record shows that claimant had requested that she be paid in cash, but her request was denied. A booklet presented to each employee provided in pertinent part as follows: "Your account doesn’t open until you receive the Earning Statement showing the first deposit made for your salary. You may then make additional deposits and use the checking account as you would any other. With your first supply of checks you will receive a booklet describing in detail how to use your Employee Checking Account. Remember your Employee Checking Account is a convenience and a privilege. You are cautioned not to overdraw your account. According to New York Banking Law, you are guilty of