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MATTER OF GATZA

247 A.D.2d 747 (1998)

669 N.Y.S.2d 70

In the Matter of the Claim of Darcie Gatza, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

February 19, 1998

Claimant was employed as a hairdresser and was paid on a commission basis. She resigned after realizing that, based on the total number of hours she worked, the commission she earned was less than the minimum wage. Claimant did not, however, discuss this concern with her employer prior to her resignation. Substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant voluntarily left her employment...

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