MATTER OF RENNERT


45 A.D.3d 1098 (2007)

846 N.Y.S.2d 404

In the Matter of the Claim of HARLAN RENNERT, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 15, 2007.


Claimant was terminated from his position as a service merchandiser for violating the employer's policy governing the disposal of outdated goods. Under this policy, dairy products that were nearing expiration were to be credited by the merchandise receiver at the store where they were sold prior to being removed and were then to be either destroyed or returned to the distributor. Claimant attempted to remove eight cases of nearly expired yogurt from a store, purportedly to...

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