MATTER OF SOTO


262 A.D.2d 693 (1999)

690 N.Y.S.2d 789

In the Matter of the Claim of FELIPE SOTO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 3, 1999.


Claimant was discharged from his employment as a security guard for failure to remain at his post until the end of his shift. Although claimant took his lunch period during the last part of his shift, the employer required that he remain on the premises in uniform until the completion of his shift in case of an emergency. Despite prior warnings and even retraining on the matter, claimant disregarded the employer's request and left work during his lunch break. The Unemployment...

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