MATTER OF HUNTINGTON


295 A.D.2d 736 (2002)

743 N.Y.S.2d 209

In the Matter of the Claim of JAMES R. HUNTINGTON, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 13, 2002.


Spain, J.P.

Claimant was employed as a pest control technician. On what turned out to be his last day in this position, a Friday, claimant was informed by his employer that he would be paid his hourly salary by check, as usual; however, he was told there was not enough cash on hand to pay him for the agreed-upon commissions he had earned. It was agreed that in one week, claimant would be paid the commission money. That night, the employer's assistant manager—...

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