IN THE MATTER OF CLAIM OF TOBIN


20 A.D.3d 839 (2005)

798 N.Y.S.2d 800

In the Matter of the Claim of KATHLEEN C. TOBIN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

July 28, 2005.


Claimant, a store manager, was absent from work on October 7, 2003 due to illness. Nevertheless, claimant's time card was punched that day indicating that she arrived at work at 9:10 A.M.. According to the employer, claimant initially denied any wrongdoing when questioned about the discrepancy, but ultimately admitted that she requested that her coworker punch her in on October 7, 2003 because she thought that she would make it to work that day. Claimant was aware of the...

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