MATTER OF FAYLE


178 A.D.2d 685 (1991)

In the Matter of the Claim of Alton H. Fayle, Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent

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

December 5, 1991


It is not disputed that claimant quit his job because his employer stopped assigning him to work overtime. His quitting for this reason amounted to a dissatisfaction with his salary, which he would not have been justified in refusing in the first instance (see, Matter of Oxendine [Levine], 49 A.D.2d 784). There was work available to claimant at his basic 40-hour schedule as when...

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