MATTER OF HOLLAND


257 A.D.2d 923 (1999)

684 N.Y.S.2d 346

In the Matter of the Claim of TRACY L. HOLLAND, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 28, 1999.


Claimant was discharged from her employment as a customer service agent after failing to timely advise the employer that she would be late for work on June 1, 1996. Claimant, who had been previously warned regarding her attendance record, was aware of the employer's rule whereby employees who failed to call within 30 minutes of the commencement of their shifts would be considered "no shows". It is fundamental that "[r]efusal to...

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