MATTER OF McNEIL

512202.

89 A.D.3d 1314 (2011)

932 N.Y.S.2d 602

2011 NY Slip Op 8270

In the Matter of the Claim of MICHAEL J. McNEIL, Appellant. and COMMISSIONER OF LABOR, Respondent.

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

Decided November 17, 2011.


Claimant worked as a garden associate for the employer for approximately 2½ years when he was involved in an accident with a forklift and, pursuant to company policy, was required to submit to a drug test. When the employer retained an on-site collection agency the following day, petitioner refused to provide a urine sample, even after being told that refusing would be grounds for discharge. Claimant's employment was subsequently terminated and the Unemployment Insurance...

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