MATTER OF OLKER


78 A.D.2d 737 (1980)

In the Matter of the Claim of Eugene Olker, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

October 16, 1980


The claimant was employed as a taxi driver for about 10 months. On December 19, 1979 the claimant arrived at his place of employment at 5:00 A.M. and was told by the dispatcher that on the previous day he had booked $10 below the average of all drivers. The claimant told the dispatcher that if he did not like what he was doing why didn't he fire him. The dispatcher, who was not previously intending to do so, thereupon discharged the claimant and took back his keys and trip...

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