IN THE MATTER OF LUQING SUN


4 A.D.3d 595 (2004)

770 N.Y.S.2d 921

In the Matter of the Claim of LUQING SUN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

February 5, 2004.


Claimant, a salesperson for a computer wholesale distributor, was paid a monthly salary of $600 plus commission. In March 2001, claimant was informed that, in the event he did not work the hours set by the employer, the base salary would be eliminated and he would receive commission only. Claimant failed to work the set hours in April 2001. When claimant received his commission-only paycheck, he resigned. Substantial evidence supports the decision of the Unemployment Insurance...

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