MATTER OF OAKES, JR.

514523.

100 A.D.3d 1136 (2012)

953 N.Y.S.2d 514

In the Matter of the Claim of GERALD K. OAKES JR., Appellant. COMMISSIONER OF LABOR, Respondent.

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

November 8, 2012.


Claimant, who was employed as a part-time technician at a car washing business, was discharged from his employment after it was discovered that he was attempting, through his girlfriend, to sell some complimentary car wash coupons he received from the employer. According to the record, employees such as claimant received a certain number of complimentary coupons for personal use. They were specifically advised in the employee handbook's code of conduct, however, that it was...

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