MATTER OF WEST


2 A.D.3d 1251 (2003)

768 N.Y.S.2d 836

In the Matter of the Claim of JOHN P. WEST, Appellant. COMMISSIONER OF LABOR, Respondent.

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

December 31, 2003.


Claimant, a janitor, was suspended for three days for not abiding by the employer's directive to provide a doctor's note to explain a recent absence. Claimant was discharged when he failed to return to work at the end of the three days or thereafter contact the employer. Substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant engaged in disqualifying misconduct. It is well settled that failure to return to work as scheduled may constitute...

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