MATTER OF CERVONE


288 A.D.2d 535 (2001)

731 N.Y.S.2d 807

In the Matter of the Claim of ROBERT CERVONE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 1, 2001.


Claimant, a clerk at a delicatessen, was discharged after he failed to charge a customer for a sandwich and offered no explanation for his actions when confronted by management. The record establishes that claimant was aware of the employer's policy of not giving away food, having previously been warned about such conduct. Failure to abide by an employer's known policies and acting in a manner contrary to the employer's financial interest have been held to constitute disqualifying...

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