MATTER OF WACHER


175 A.D.2d 975 (1991)

In the Matter of the Claim of Pauline Wacher, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

August 29, 1991


Claimant quit her job as a part-time secretary because she could not comply with the employer's policy that she refrain from smoking in the office. This policy came as a result of the fact that one of the officers of the corporation, whose office was next to claimant's office, had developed a health problem which would have been aggravated by smoking. Claimant testified that, even when there was no nonsmoking policy, she would leave the office and go to the street level to...

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