MATTER OF WHITEHEAD


168 A.D.2d 774 (1990)

In the Matter of the Claim of Jim G. Whitehead, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

December 13, 1990


Claimant refused to work after being told by his employer that he would be discharged if he did not work. Although the particular day in question was a religious holiday for claimant's employer, claimant knew that it was not a holiday on which the business was closed. Claimant gave no valid reason for his refusal to work and, in fact, it was an extremely busy day. It was therefore not unreasonable for the employer to require claimant to work. As such, the conclusion that...

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