MATTER OF GILL

522427.

145 A.D.3d 1141 (2016)

2016 NY Slip Op 08140

41 N.Y.S.3d 440

In the Matter of the Claim of CARL O. GILL, Respondent. PHOENIX ENERGY MANAGEMENT INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided December 1, 2016.


Claimant initially worked for the employer as a welder. Following an injury resulting in his extended absence from work, the employer terminated claimant's employment in April 2013 for staffing reasons. Shortly thereafter, in June 2013, claimant was rehired by the employer as a boiler mechanic. He subsequently filed several grievances contesting, among other things, the denial of a pay increase and vacation leave. In addition, between February 2014 and April 2014, claimant...

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