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MATTER OF JOHNSON

89 A.D.2d 1050 (1982)

In the Matter of the Claim of Whitley A. Johnson, Respondent. Donno Company, Inc., Appellant. Lillian Roberts, as Commissioner of Labor, Respondent

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

September 23, 1982

Claimant was absent 27 times between January, 1981 and September 18, 1981 when he was discharged for "excessive absenteeism." He had been repeatedly warned about his attendance problem and on June 23, 1981 he was given a written warning that he would be terminated if his absences persisted. Despite this warning, claimant continued to be absent from work and on August 27, 1981 he was suspended for three days. Despite the suspension and an explicit warning in the notice of...

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