IN THE MATTER OF KRIDEL v. COMMISSIONER OF LABOR


54 A.D.3d 465 (2008)

In the Matter of the Claim of KAREN M. KRIDEL, Appellant. COMMISSIONER OF LABOR, Respondent.

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

August 7, 2008.


From August 2005 through November 2006, claimant worked as a paralegal at a law firm on an hourly basis. In October 2006, the law firm adopted a policy prohibiting hourly employees from taking breaks during the workday, except for a midday lunch break. Claimant violated this policy by taking breaks to smoke cigarettes, as she had done before the policy was adopted, and she was discharged as a result. She applied for and received unemployment insurance benefits in the amount...

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