David Atson was having financial trouble, and his employer, a heating company, gave him an advance of the money he would receive for his two-week vacation. When it came time for Atson to take his vacation, however, he refused because he did not want to go two weeks without pay. Atson’s employer fired him, and he sought unemployment benefits. His request for unemployment benefits was denied. Atson appealed to the New York labor commissioner, who agreed that his employer’s request for him to take a vacation was a valid reason for firing. Atson then appealed the labor commissioner’s ruling to a New York appeals court. The appellate court also agreed that it was a valid reason for firing Atson. For the full story, click here.
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And why was any reason necessary?
We don’t have any information to believe that Mr. Atson’s employment was anything other than at-will, so he had no recourse against his employer. However, Mr. Atson sought unemployment benefits, which are generally allowed only for employees who were terminated without cause. That is why the reason for his termination was discussed in the appeal.
I can’t think of a more clear cause for termination than failing to follow one’s boss’ instructions. It is mind boggling to me that a case like this even survives a motion to dismiss.
This was an administrative procedure for unemployment benefits, where a motion to dismiss would not have been applicable. Mr. Atson was entitled to his appeals. Also, attorneys are bound by ethical and procedural law to pursue only cases/appeals that have merit. I’m assuming (and giving everyone the benefit of the doubt) that the law wasn’t clear.