|Appellate Division, Third Department|
The answer is - and I'm a legal researcher/writer, not an attorney - yes and no.
I have done unemployment hearings for suspended and/or terminated Department of Education employees and won unemployment benefits based upon the argument that the claimant's actions for which he/she was suspended does NOT rise to the level of disqualifying misconduct, and "not every mistake, exercise of poor judgment or discharge for cause will rise to the level of misconduct" (Matter of Morris [Lenox Hill Neighborhood House Inc.-Commissioner of Labor], 110 AD3d 1333, 1334 
That's how you win, especially if you know the level of fraud and deceit that the Department of Education puts into the 3020-a cases to get an employee terminated. You have to know, so that you can argue against an arbitrator's decision.
We have successfully overturned 47 Arbitrator decisions in Court pursuant to Article 75 or settlements in State and Federal Courts because we use the backstory behind the charges, and how the Plaintiff or Petitioner was damaged by the unlawful charging process.
It seems to me that the people who benefit from 3020-a Arbitration are the Attorneys who do these cases, allow ridiculous charges to become "crimes", and Arbitrators who receive $1400/hearing day.
Editor, ADVOCATZ blog
Editor, New York Court Corruption
Editor, NYC Rubber Room Reporter
Editor, NYC Public Voice
Editor, National Public Voice
Editor, Inside 3020-a Teacher Trials
Matter of Jensen (Victory State Bank--Commissioner of Labor) 2015 NY Slip Op 02169