MATTER OF CLEMENT


254 A.D.2d 652 (1998)

679 N.Y.S.2d 441

In the Matter of the Claim of Miriam Clement, Appellant. Commissioner of Labor, Respondent

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

October 29, 1998


Claimant, the sole employee at a small boutique selling expensive men's clothing, refused the employer's request that she transfer to a larger store a few blocks away. While claimant testified that she believed her commissions would be reduced because she would have been required to work with another salesperson, the employer disagreed. The Unemployment Insurance Appeal Board, noting numerous inconsistencies in claimant's testimony, credited the testimony of the employer...

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