MATTER OF HERNANDEZ


299 A.D.2d 794 (2002)

751 N.Y.S.2d 621

In the Matter of the Claim of GENIN C. HERNANDEZ, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 27, 2002.


Claimant was discharged from her employment as a machine operator after she exceeded the employer's absentee policy. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits due to disqualifying misconduct. Despite having been suspended from work the prior month pursuant to the employer's progressive disciplinary policy based on her excessive number of absences, claimant thereafter failed to report to work...

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