IN THE MATTER OF GARCIA-PRIMER


9 A.D.3d 730 (2004)

779 N.Y.S.2d 838

In the Matter of the Claim of ARMIDA M. GARCIA-PRIMER, Appellant. COMMISSIONER OF LABOR, Respondent.

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

July 19, 2004.


Claimant worked as a rehabilitation assistant for the employer, which provides services to children and adults with disabilities. The employer had previously warned claimant about her poor attendance record and had notified her in writing that she would be terminated if her attendance did not improve. Claimant left work on unpaid medical leave in June 2002, and was scheduled to return to work on Friday, September 6, 2002. Claimant contacted the employer on September 3, 2002...

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