MATTER OF POLADIAN

511700.

87 A.D.3d 1196 (2011)

929 N.Y.S.2d 339

2011 NY Slip Op 6445

In the Matter of the Claim of NICOLE L. POLADIAN, Respondent. KIMBERLY SMITHMYER, Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided September 15, 2011.


Claimant worked for three months as an assistant at a day care center that the employer operated out of her home. During a Christmas party at the center on December 22, 2008, the employer's husband allegedly made sexually suggestive comments toward claimant, in the employer's presence, and attempted to kiss her. The following day, claimant called the employer to express her dissatisfaction with what had transpired at the Christmas party. The employer apologized and told claimant...

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