MATTER OF McKINLEY


249 A.D.2d 864 (1998)

672 N.Y.S.2d 463

In the Matter of Rosemary B. McKinley, Appellant. Commissioner of Labor, Respondent

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

April 30, 1998


Claimant was terminated from her position as a residential counselor for a mental health treatment facility for teenagers following an incident whereby a disturbance broke out after a client received unauthorized visitors in violation of the employer's policy. Although other counselors were already on duty when claimant started her shift, claimant was shift supervisor. Claimant was discharged for her failure to take action to remove the visitors when she started her shift...

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