MATTER OF CLAIM OF MEAD

522487.

144 A.D.3d 1293 (2016)

2016 NY Slip Op 07374

40 N.Y.S.3d 306

In the Matter of the Claim of MELINDA S. MEAD, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided November 10, 2016.


Claimant worked as a packer for an ice cream manufacturing company for 11 years. She was chronically absent from work and, between March 2015 and May 2015, received three warnings from her employer regarding this problem. The final written warning, issued in May 2015 after claimant had exhausted her personal leave, advised her that further absenteeism would result in discipline, including possible termination. On June 28, 2015, claimant was scheduled to work, but called in...

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