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IN THE MATTER OF DAVILA

13 A.D.3d 1043 (2004)

786 N.Y.S.2d 666

In the Matter of the Claim of CARMEN J. DAVILA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

December 30, 2004.

On May 22, 2000, claimant was hired as the manager of a retail clothing store. On October 16, 2003, after she failed to deposit receipts from the store in the bank over a four-day period, she was terminated from her position. Claimant had been previously counseled about her performance, including the necessity of complying with the employer's policy regarding making bank deposits on a daily basis, and was warned that her discharge...

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