MATTER OF FLAHERTY


239 A.D.2d 647 (1997)

657 N.Y.S.2d 217

In the Matter of the Claim of Edward J. Flaherty, Jr., Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

May 1, 1997


Before being hired as a member of a mobile crew that cleaned floors, claimant was given a copy of the employer's drug testing policy and acknowledged that he had thoroughly read it. When the employer subsequently suspected drug use among the crew members, it requested that the entire crew, including claimant, submit to a drug test. Claimant refused and was subsequently terminated from his employment. We conclude that substantial evidence supports the Unemployment Insurance...

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