MATTER OF ATSON


64 A.D.3d 1065 (2009)

883 N.Y.S.2d 635

In the Matter of the Claim of DAVID J. ATSON, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided July 23, 2009.


Claimant worked for a heating contractor for approximately three years. Because claimant was experiencing financial difficulties, his employer gave him an advance on money that he would be paid while on vacation. The employer insisted, however, that claimant take two weeks of vacation before September 15. Claimant refused to take vacation because he could not afford to go two weeks without any pay. His employment was terminated as a result. The Unemployment Insurance Appeal...

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