MATTER OF CLAIM OF THESING

516570.

111 A.D.3d 1015 (2013)

973 N.Y.S.2d 895

2013 NY Slip Op 7242

In the Matter of the Claim of DAVID N. THESING, Appellant. EASTMAN KODAK COMPANY, Respondent. COMMISSIONER OF LABOR, Respondent.

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

Decided November 7, 2013.


Claimant had worked for the employer for 35 years when, in order to downsize claimant's department, the employer instituted a voluntary separation package. Claimant was informed that if a sufficient number of employees did not accept the package, the remainder of the targeted reduction would then be accomplished by involuntary separation. Although aware that any employees affected by the involuntary reduction would receive the same benefit package as those accepting the voluntary...

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