MATTER OF LANDER


242 A.D.2d 821 (1997)

661 N.Y.S.2d 682

In the Matter of the Claim of Brenda K. Lander, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

September 11, 1997


Claimant was discharged from her employment as an assistant dye cutter after she refused to work mandatory overtime because she was tired and stressed. Initially, the Unemployment Insurance Appeal Board granted claimant's application for unemployment insurance benefits. Thereafter, on its own motion, the Board rescinded that decision and found that claimant was terminated due to misconduct. Claimant appeals, contending that her refusal to work overtime did not rise to the...

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