MATTER OF MURPHY


264 A.D.2d 877 (1999)

694 N.Y.S.2d 531

In the Matter of the Claim of JOHN B. MURPHY, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 9, 1999.


During an authorized bereavement leave, claimant, an associate in an executive search firm, was told to remain in continuous contact with the employer. Although claimant checked his voice mail during the period in question, he did not speak with his supervisor until Friday, February 6, 1998, at which time he was told to call back on Monday, February 9, 1998. Claimant thereafter failed to call the employer as requested. When the employer was finally able to reach claimant...

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