Court Snuffs Out Smoking Paralegal's Appeal

Law360, New York (August 8, 2008, 12:00 AM EDT) -- A New York appeals court has upheld a state board's decision to deny unemployment benefits to a paralegal fired from Dibble & Miller PC for taking a smoking break against company policy.

The State of New York Supreme Court, Appellate Division for the Third Judicial Department, affirmed an August 2007 decision by the state's Unemployment Insurance Appeal Board to deny $3,070.50 in benefits to Karen Kridel.

The board said Kridel had to repay the money she received and also hit her with a forfeiture penalty after...
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