IN THE MATTER OF LAMPONE


5 A.D.3d 837 (2004)

772 N.Y.S.2d 756

In the Matter of the Claim of YVETTE LAMPONE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

March 4, 2004.


Claimant worked as a government relations assistant, a position that included significant secretarial/clerical duties. On February 19, 2003, claimant's supervisor e-mailed claimant criticizing claimant's job performance and indicating that the matter would be discussed on February 21, 2003. Claimant was offended when she read the e-mail and responded with an e-mail of her own, stating that she was overqualified, unhappy and bored with the job duties and ending with the statement...

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