MATTER OF LEMON


232 A.D.2d 801 (1996)

648 N.Y.S.2d 188

In the Matter of the Claim of Robert D. Lemon, Appellant. Fay's Incorporated, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

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

October 17, 1996


Claimant worked as a district manager overseeing a number of the employer's retail stores. He was terminated from his position for refusing to provide his employer with Saturday work schedules during the busy holiday season. The Board disqualified claimant from receiving unemployment insurance benefits on the basis that he was terminated for misconduct. Claimant appeals, arguing that his refusal to provide the requested schedules does not rise to the level of misconduct which...

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