(CN) – A heating company worker is not entitled to unemployment benefits after he was fired for refusing to take a vacation, a New York appellate division ruled.
David Atson was running into financial trouble, so his employer allowed him to have an advance on the money that he would receive for his two-week vacation.
However, when it came time to take the vacation, Atson refused because he did not want to go two weeks without pay. Atson was fired, and his request for unemployment benefits was denied.
Judge Cardona of the Albany-based appellate division agreed with the labor commissioner that Atson’s refusal to comply with his employer’s request that he take a vacation was a valid reason for firing.
“Such request was totally reasonable, particularly since the employer has already given claimant an advance on his vacation pay and did not allow employees to take cash in lieu of a vacation,” Cardona wrote.