MATTER OF EVENS v. COMMISSIONER OF LABOR

527978.

175 A.D.3d 1691 (2019)

108 N.Y.S.3d 544

2019 NY Slip Op 06665

In the Matter of the Claim of Maria K. Evens, Appellant. Commissioner of Labor, Respondent.

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

Decided September 19, 2019.


Attorney(s) appearing for the Case

Flink Maswick Law PLLC, Lake Placid (James L. Maswick of counsel), for appellant.

Letitia James, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.

Garry, P.J., Egan Jr., Lynch, Rumsey and Pritzker, JJ., concur.


From 2008 to October 2016, claimant, a direct support professional, worked for the employer, a not-for-profit organization that provides support and services to individuals with developmental disabilities. On December 9, 2016, claimant's employment was terminated after she twice refused to sign a counseling memorandum prepared by her manager. Claimant's subsequent application for unemployment insurance benefits was denied by the Department of Labor, which found that claimant...

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