Matter of Schachter (Commissioner of Labor)

Holding The claimant was ineligible for unemployment benefits during the dismissal period because the payment he received constituted dismissal pay, which exceeded the maximum weekly benefit rate. The Board’s determination that the claimant made willful misrepresentations to obtain benefits was supported by substantial evidence, justifying the imposition of penalties.

The court’s words

No benefits shall be payable to a claimant for any week during a dismissal period for which a claimant receives dismissal pay

2026 NY Slip Op 05359, at the official text

the payment was intended as dismissal pay as the same became due and payable only by reason of claimant's severance

2026 NY Slip Op 05359, at the official text

the unemployment insurance benefits paid to claimant are recoverable based upon the false statements

2026 NY Slip Op 05359, at the official text

The Board, as the sole arbiter of credibility, was also entitled to reject claimant's exculpatory testimony

2026 NY Slip Op 05359, at the official text