IN THE MATTER OF CLAIM OF JACOBS


13 A.D.3d 963 (2004)

786 N.Y.S.2d 831

In the Matter of the Claim of ASHER J. JACOBS, Appellant. COMMISSIONER OF LABOR, Respondent.

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

December 23, 2004.


When claimant, a kosher supervisor, arrived at work on December 22, 2002, his name was not on the schedule for the following week. When claimant asked whether he still had a job, his supervisor instructed him to report to work the following day. Claimant responded that he did not want to report to work if he had been terminated and requested that the supervisor call him. When the supervisor did not call, claimant assumed that he had been discharged. Claimant thereafter filed...

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