MATTER OF DONOVAN

513077.

96 A.D.3d 1312 (2012)

947 N.Y.S.2d 670

2012 NY Slip Op 5216

In the Matter of YOLANDA E. DONOVAN, Respondent. BAY ORTHOPEDIC & REHABILITATION SUPPLY COMPANY, Appellant; COMMISSIONER OF LABOR, Respondent.

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

June 28, 2012.


Claimant worked as a medical biller for a company that makes orthotics and prosthetics. She was chronically absent from work due to issues related to her pending divorce, childcare problems and personal illness. On June 29, 2009, she received an unfavorable performance review largely as a result of her excessive absenteeism and was placed on probation for six months. In an effort to accommodate claimant, the employer reduced her hours and modified her job duties. Claimant...

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