MATTER OF RENE


227 A.D.2d 711 (1996)

641 N.Y.S.2d 467

In the Matter of the Claim of Joseph Rene, Respondent. Baumann and Sons Buses, Inc., Appellant; John E. Sweeney, as Commissioner of Labor, Respondent

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

May 2, 1996


Claimant, a bus driver, was terminated from his employment after a mentally handicapped passenger, who claimant dropped off across the street from her home, was hit by a car. The Board awarded claimant unemployment insurance benefits. The employer challenges the Board's decision, arguing that claimant was discharged for misconduct. Although the employer asserts that claimant violated a well-known company policy requiring that drivers pick up and drop off passengers directly...

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