MATTER OF MATOLKA


252 A.D.2d 697 (1998)

675 N.Y.S.2d 414

In the Matter of the Claim of John A. Matolka, Appellant. Commissioner of Labor, Respondent

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

July 9, 1998


Claimant was employed as a sales associate at a retail photography store. During the final months of his employment, claimant and a female co-worker were having difficulty resolving a personal issue, as a result of which claimant threatened to slap the co-worker and engaged in a physical altercation with her husband in the store parking lot. Although repeatedly warned that continued personal contact with the co-worker would result in his termination, claimant nonetheless...

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