MATTER OF ORLIK


257 A.D.2d 837 (1999)

684 N.Y.S.2d 40

In the Matter of the Claim of ANGELA ORLIK, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 14, 1999.


Claimant was hired as an on-call phlebotomist required to work flexible shifts. During the course of her employment, claimant worked a varied schedule, including the 11:30 P.M. to 7:30 A.M. shift. After claimant was scheduled to work this shift from October 5, 1997 to October 9, 1997, she called the employer and stated that she could not work this schedule because it made her too tired and she could not properly handle her other jobs. Substantial evidence supports the Unemployment...

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