(CN) – A nursing-home employee who was fired for using Legos to depict his co-workers in violent and sexual videos cannot collect unemployment benefits, a New York appeals court ruled.
Shawn Roy, a food-service worker, appealed the Unemployment Insurance Appeal Board’s decision in 2014.
Roy posted explicit videos online featuring Legos that allegedly represented the nursing home’s executive director, his department head and two female co-workers.
“Although claimant testified that he was depicting celebrities and fictional characters in his movies, and not his coworkers, this presented a credibility issue for the Board to resolve,” the justices of the Albany-based Third Department New York Appellate Division wrote on April 14.
The justices upheld the board’s ruling that Roy could not collect benefits because he was fired for misconduct, regardless of where he made the videos.
“Claimant was obligated, even during his off-duty hours, to honor the standards of behavior which his employer has the right to expect of him,” they wrote.
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