MATTER OF BORTZ


211 A.D.2d 928 (1995)

621 N.Y.S.2d 234

In the Matter of the Claim of Theodore E. Bortz, Respondent. 10 Elliot Square Court Corporation, Appellant; John F. Hudacs, as Commissioner of Labor, Respondent

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

January 12, 1995


The Board found that although claimant was discharged because he was tardy on two occasions without calling his employer, claimant had previously been permitted to arrive to work late without calling and that he had not been warned that he was required to call in when he was late. The Board thus determined that claimant was not aware that his failure to call in his latenesses would lead to the termination of his employment and concluded that his actions did not constitute...

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