MATTER OF GORDON


278 A.D.2d 579 (2000)

718 N.Y.S.2d 228

In the Matter of the Claim of ALLAN S. GORDON, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 7, 2000.


Claimant was discharged from his employment as a warehouse supervisor after he refused to submit to a random drug test required by his employer. The record establishes that claimant received an employee handbook outlining the employer's policy regarding random drug testing which noted that refusal to submit to the random drug test would be considered insubordination and result in termination. Inasmuch as claimant was aware of and signed an acknowledgment that he understood...

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