MATTER OF JIMENEZ


301 A.D.2d 716 (2003)

752 N.Y.S.2d 910

In the Matter of the Claim of FEDERICO JIMENEZ, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 2, 2003.


Claimant was discharged from his employment as a tailor and co-manager of a clothing store after he failed to abide by the employer's absentee policy of calling in prior to the beginning of his shift. The employer's witness testified that claimant was informed at monthly meetings that the employer must be notified of absences at least a half hour prior to the beginning of the shift. Here, claimant failed to call in sick to work until several hours after his shift began. Under...

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