MATTER OF OKU


1 A.D.3d 684 (2003)

766 N.Y.S.2d 625

In the Matter of the Claim of FRANK W. OKU, Appellant. COMMISSIONER OF LABOR, Respondent.

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

November 6, 2003.


Claimant, a security guard, was to be reassigned after the client requested that he be removed. Claimant was given a counseling memorandum regarding allegations that he was sleeping on the job. Although he was told to wait to speak to the scheduling manager for a new assignment, claimant left after a period of time and did not return. Significantly, claimant had already applied for unemployment insurance benefits. The employer's subsequent attempts to contact claimant in...

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