MATTER OF SAUNDERS

515389.

106 A.D.3d 1317 (2013)

964 N.Y.S.2d 783

2013 NY Slip Op 3539

In the Matter of the Claim of BARRY C. SAUNDERS, Respondent. LIFE ADJUSTMENT CENTER, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided May 16, 2013.


Claimant was terminated from his position as assistant manager after coworkers reported that he made inappropriate sexual comments. Following a hearing, an Administrative Law Judge upheld the initial determination, finding that claimant's employment was terminated due to misconduct. The Unemployment Insurance Appeal Board, however, reversed the Administrative Law Judge's decision and awarded claimant benefits. The employer now appeals.

"[W]hether a claimant has engaged...

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