GIAQUINTO v. NEW YORK TEL. CO.


135 A.D.2d 928 (1987)

Nancy A. Giaquinto, Appellant, v. New York Telephone Company, Respondent

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

December 10, 1987


Harvey, J.

Defendant has had in effect since 1964 an absence control plan. Under the plan, dismissal is mandated when an employee has had excessive absences. It does not matter that the absences might have been for legitimate reasons. Plaintiff was absent from work for 49 days during the first half of 1981. These absences, together with her substantial number of absences in prior years, resulted in her total absences exceeding the number allowed by defendant...

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