Matter of Depreta (Commr. of Labor)

The Dispute
An employee left their workplace with a prescription bottle without paying for it first. The employer had a clear policy requiring payment before taking any items from the premises. When the employee applied for unemployment benefits after being terminated, the state's Unemployment Insurance Appeal Board denied the claim, ruling that taking the prescription bottle violated company policy and constituted workplace misconduct.

The Court's Decision
The appellate court upheld the denial of unemployment benefits. The court agreed that the employee's action of leaving with the unpaid prescription bottle violated a known company policy and qualified as misconduct serious enough to disqualify them from receiving unemployment compensation.

What This Means for Workers
This ruling demonstrates that violating clear workplace policies—even for seemingly minor infractions—can result in both job termination and loss of unemployment benefits. Workers should be aware that taking company property or items without proper authorization, regardless of the value or their intentions, can be considered misconduct. To protect their eligibility for unemployment benefits, employees should always follow established workplace policies, especially those regarding company property and payment procedures.