MATTER OF SIMONETTA


30 A.D.2d 1008 (1968)

In the Matter of the Claim of Alice J. Simonetta, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 22, 1968


HERLIHY, J.

When the claimant filed for benefits, the employer disputed her claim on the ground that the claimant had provoked her discharge through misconduct — i.e., a work slowdown. The board found: "The credible evidence establishes that claimant deliberately slowed down in the performance of her work and was insubordinate on her last day on the job in that she refused to perform a work assignment which was given to her by the office manager...

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