MATTER OF CLUM


51 A.D.3d 1171 (2008)

857 N.Y.S.2d 791

In the Matter of the Claim of DAVID J. CLUM, Appellant. ALL-LIFTS, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided May 8, 2008.


Claimant, a crane technician, began working for the employer in May 1999. In March 2006, he received a verbal warning after he requested product literature from a supplier for a customer. At the time, claimant was advised that he was not to engage in sales functions and that any sales-related requests were to be referred to the employer's sales manager or claimant's supervisor. Thereafter, in December 2006, claimant again contacted a supplier on behalf of a customer, this...

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