MATTER OF WARD


256 A.D.2d 773 (1998)

681 N.Y.S.2d 636

In the Matter of the Claim of JAMES M. WARD, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 10, 1998.


Claimant, an oil burner mechanic, was confronted by the employer regarding two complaints by customers concerning his attitude and conduct when making service calls. Claimant, ignoring the employer's directive that claimant should go to lunch and that the discussion would be continued later, was discharged after repeatedly asking the employer if he was fired. Claimant was denied unemployment insurance benefits on the ground that he lost his employment due to misconduct. Toward...

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