IN THE MATTER OF KEARNS


65 A.D.3d 1416 (2009)

885 N.Y.S.2d 775

In the Matter of the Claim of HENRY C. KEARNS, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 17, 2009.


Claimant was employed as a sales associate at a retail furniture store. He made a derogatory comment about a customer while in the showroom when the customer began working with a female sales associate without disclosing that claimant had previously assisted her. He also informed the female sales associate of this fact and, when he thought she was not going to split the sales commission with him, he called her a derogatory name and indicated that he would no longer split...

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