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MATTER OF LEWIS

65 A.D.3d 773 (2009)

884 N.Y.S.2d 501

In the Matter of the Claim of JANET LEE LEWIS, Appellant. XEROX CORPORATION, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided August 13, 2009.

Claimant worked for the employer as a prep production operator for more than five years until October 2007, when she was discharged after using profane language while complaining to a coworker about a customer with whom she had been working and who was still present in the room at the time such comment was made. Approximately two months prior to this incident, claimant had been given a final written warning regarding her unprofessional...

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