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MATTER OF WAYNE

261 A.D.2d 768 (1999)

689 N.Y.S.2d 780

In the Matter of the Claim of JOHN R. WAYNE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided May 13, 1999.

Following a suspension, claimant was discharged from his employment at a retail store for coming in late to work and failing to timely open the store. Claimant had been previously warned regarding his attendance record and had been told that he would be fired if there were any more incidents of lateness. It is fundamental that "[r]efusal to obey an employer's reasonable rules and continued lateness after sufficient warnings can...

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