MATTER OF SCHACHTMAN


286 A.D.2d 790 (2001)

729 N.Y.S.2d 807

In the Matter of the Claim of ESPHERA SCHACHTMAN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 13, 2001.


Claimant was employed as a provisional supervising hospital care investigator for four years while the permanent supervisor was on an extended leave of absence. When the former supervisor returned, claimant refused to be "bumped" back to her previous permanent position as a senior hospital care investigator and resigned instead. Although claimant maintains that she was forced to resign due to age discrimination, the record established that she was dissatisfied with her reduced...

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