MATTER OF WHITMORE


51 A.D.2d 1101 (1976)

In the Matter of the Claim of Charles J. Whitmore, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

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

March 25, 1976


The board found that one week before his termination from employment on November 23, 1974, the claimant was told by his employer's steward that he would have to work on Thanksgiving, November 28, 1974. It further found that day was claimant's day off, but that he had no right to refuse to work that day because the employer's request was reasonable. The respondent initially charged the claimant with misconduct because he failed to follow instructions. In regard

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