MATTER OF CLAY

529175.

177 A.D.3d 1073 (2019)

109 N.Y.S.3d 913

2019 NY Slip Op 07984

In the Matter of the Claim of Rhonette Clay, Appellant. Commissioner of Labor, Respondent.

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

Decided November 7, 2019.


Claimant worked as a database coordinator at the New York Botanical Garden. Her duties included, among other things, imputing and processing membership data. When claimant experienced a problem processing a membership application, she asked the director of the department for instruction. Claimant's immediate supervisor viewed this as a challenge to her authority, as she had already directed claimant on how to proceed. As a result of this incident, and prior alleged instances...

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