Question: Based on NYS Labor Law Section 593, should Ms. Jordan receive unemployment insurance benefits? Explain the employer's position that Ms. Jordan was terminated for dishonesty and abuse of FMLA; Explain Ms. Jordan's position that she is entitled to benefits; Explain your conclusion.

FACTS: June Jordan was employed by Metropolitan Hospital as a technician department for thirteen (13) years. For the last three years of her em approved to take leave time pursuant to the Family and Medical Leav the care of her son who suffers from Parkinson's disease. al as a technician in the emergency three years of her employment, Ms. Jordan was amily and Medical Leave Act (FMLA) related to e. Ms. Jordan had requested and been granted, time or about August 21, 2019, Ms. Jordan spoke to the Prior to the posting of the monthly schedule, Ms. Jordan had requested off on September 1st and 2nd, 2019. On or about August 21, 2019, Ms Jordan assistant nurse manager about switching her 7:00 a.m. to 3:00 p.m. shift on Au switching her 7:00 a.m. to 3:00 p.m. shift on August 30, 2019, to an overnight shift that would allow her to leave work at 6:00 a.m. On August 2 explained to the assistant nurse manager that she needed to do something for her son. The assistant nurse manager told Ms. Jordan that she would be agreeable if Ms. Jordan could someone to switch shifts with her. Ms. Jordan did not arrange to switch with a co-worker On August 30, 2019, Ms. Jordan called out absent from her scheduled shift under the usual procedure for taking FMLA time off. That morning, Ms. Jordan took a flight to Cuba. On September 2, 2019, Ms. Jordan consulted with a neurosurgeon in Cuba about alternative treatment for her son. On September 2, 2019, the assistant nurse manager, having heard talk in the emergency department that Ms. Jordan was posting pictures from Cuba, looked at Ms. Jordan's posts on Facebook. Ms. Jordan had posted a picture of her boarding pass stamped as leaving for Cuba at 8:51 a.m. on August 30, 2019. Ms. Jordan was next scheduled to work on September 4, 2019. When she reported to work. the assistant nurse manager and the director of nursing met with Ms. Jordan and a union representative to find out what happened on August 30th. Ms. Jordan first said she needed August 30th off to take her son to a doctor's appointment. After being shown the post of her boarding pass, Ms. Jordan said she took a later flight and then said nothing more. The director of nursing asked Ms. Jordan to provide proof that her son had a medical appointment on August 30th On or after September 4, 2019, Ms. Jordan requested notes from a doctor in New York and the doctor she consulted with in Cuba. Sometime between September 4th and September 13 2019, Ms. Jordan told the director of nursing that she was trying to obtain doctor's notes and Ms. Jordan showed the director of nursing positive references from previous employers about her work ethic. The director of nursing told Ms. Jordan that she did not need to see her papers. On September 13, 2019, Ms. Jordan was discharged by the director of nursing for dishonesty and abuse of FMLA related to her absence on August 30, 2019. Ms. Jordan filed for unemployment insurance benefits effective September 19, 2019 and received weekly benefits totaling $7,980. On or about September 23, 2019, Ms. Jordan cushmitted an online questionnaire to the Department of Labor stating that she has a destra appointment in another country, that she had a letter explaining th about her son's condition, and that the director of nursing did not want to accept any of her documents. On October 11, 2019, Ms. Jordan told a labor service representative that she told the emplover she had something to do for her son and that she did not tell the employer that she had a doctor's appointment. Using the IRAC structure, in a 3-5 page paper, discuss the question below. Based on NYS Labor Law Section 593, should Ms. Jordan receive unemployment insurance benefits? Explain the employer's position that Ms.Jordan was terminated for dishonesty and abuse of FMLA; Explain Ms. Jordan's position that she is entitled to benefits; Explain your conclusion. NEW YORK STATE LABOR LAW SECTION 593 "3. Misconduct. No days of total unemployment shall be deemed to occur after a claimant lost employment through misconduct in connection with his or her employment until he or she has subsequently worked in employment and earned remuneration at least equal to ten times his or her weekly benefit rate