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MATTER OF SMITH

296 A.D.2d 803 (2002)

745 N.Y.S.2d 618

In the Matter of the Claim of WILLIAM F. SMITH, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided July 25, 2002.

Claimant was discharged from his employment as a sales representative after violating the employer's policy prohibiting employees from sending inappropriate communications by e-mail. Evidence presented at the administrative hearing disclosed that claimant sent the first questionable e-mail to his coemployees to notify them of a meeting. The title of the e-mail included the words, "NUDE PICTURES NUDE PICTURES." Claimant subsequently...

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