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MATTER OF WALLENHORST

518927

122 A.D.3d 1056 (2014)

994 N.Y.S.2d 734

2014 NY Slip Op 07739

In the Matter of the Claim of KURT J. WALLENHORST, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 13, 2014.

It is settled that "[a] claimant's failure, despite repeated warnings, to follow the reasonable policies of an employer that, in turn, has a detrimental effect on the employer's interest has been held to constitute disqualifying misconduct" (Matter of Manieson [Commissioner of Labor], 119 A.D.3d 1312, 1313 [2014]). Here, claimant, a general laborer and shear operator, acknowledged receiving warnings regarding his refusal to take...

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