MATTER OF YASTRZEMSKI


32 A.D.3d 1123 (2006)

821 N.Y.S.2d 490

In the Matter of the Claim of MICHAEL P. YASTRZEMSKI, Appellant. COMMISSIONER OF LABOR, Respondent.

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

September 28, 2006.


Claimant, a gardener for a landscaping company, complained to the employer that two coworkers were making comments about him to each other. The employer directed the coworkers not to speak to claimant and although they initially complied, claimant testified that the offensive conduct resumed within a few weeks. Without making further complaints to the employer, claimant quit despite the fact that continuing work was available. In a decision dated and filed June 8, 2005, the...

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