MATTER OF CLAIM OF RIVERS

508892.

77 A.D.3d 1010 (2010)

908 N.Y.S.2d 280

In the Matter of the Claim of JAMES C. RIVERS, Appellant. CARBONE AUTO GROUP et al., Respondents. COMMISSIONER OF LABOR, Respondent.

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

Decided October 7, 2010.


Claimant was employed as an automotive technician for 15 years. When claimant's son, who was in the armed services in Iraq, was scheduled to return home, claimant requested time off from the employer to spend with his son. The employer approved one day off, but denied claimant's request for additional time. Nevertheless, claimant failed to report for work or contact the employer about his absence for two additional days, after which his employment was terminated. Ultimately...

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