MATTER OF RUIZ


298 A.D.2d 824 (2002)

748 N.Y.S.2d 711

In the Matter of the Claim of PABLO L. RUIZ, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided October 31, 2002.


Claimant, a delivery driver for a ham and egg company, took a day off to celebrate his birthday. Upon returning to work, the employer gave claimant the option of either signing a warning letter regarding his absence or leaving. Claimant, who could not read English, testified that the letter was not translated for him into Spanish and, in any event, he did not agree with the measures being taken by the employer. Claimant refused to sign the letter and left.

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