MATTER OF SCHANCUPP


227 A.D.2d 869 (1996)

642 N.Y.S.2d 977

In the Matter of the Claim of Jonathan D. Schancupp, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

May 23, 1996


Claimant was terminated from his job as a waiter after he informed two patrons that the tip they left him was inadequate. The Board found that claimant was terminated for misconduct and, inter alia, disqualified him from receiving unemployment insurance benefits. Claimant contends that the Board's decision must be reversed because his actions did not rise to the level of misconduct. We disagree. The employer's representative, who witnessed the incident, testified that...

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