MATTER OF FRENCH

509932.

79 A.D.3d 1515 (2010)

913 N.Y.S.2d 403

In the Matter of the Claim of KEVIN M. FRENCH, Appellant. TOWN OF LYNDON, Respondent. COMMISSIONER OF LABOR, Respondent.

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

Decided December 23, 2010.


Claimant was employed as a driver/operator for the employer for approximately five years before separating from employment in December 2008. Subject to random drug testing, claimant notified his employer in 2007 that he believed it was being performed incorrectly and, as a result, the employer changed the company it used to perform the tests. In December 2008, claimant overheard the town clerk informing his direct supervisor that claimant was scheduled for a random drug test...

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