MATTER OF LABBATE

521736.

138 A.D.3d 1306 (2016)

30 N.Y.S.3d 741

2016 NY Slip Op 02898

In the Matter of the Claim of MICHELLE A. LABBATE, Respondent. ROBERT GREEN AUTO & TRUCK, INC., Appellant; COMMISSIONER OF LABOR, Respondent.

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

Decided April 14, 2016.


In July 2013, claimant, a sales consultant for the employer's automobile dealership, reported to her employer that a coworker, an automobile mechanic, had allegedly made a lewd gesture to her and, later that day, exposed himself to her. Following an investigation, the employer found the allegations to be unfounded and instructed claimant to stay away from the coworker or go to the service center where he worked, although she was offered a transfer to a nearby building. Dissatisfied...

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