Legal Opinion

In re the Claim of Lapham

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 2004PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 12, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Substantial evidences supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost his employment as a driver for a warehouse due to disqualifying misconduct when he refused to work mandatory overtime. The employer testified that claimant was aware at the time he was hired that overtime, including Saturday, was a condition of *863em…

2Cases cited3 opinions

  1. In re the Claim of LegaultAppellate Division of the Supreme Court of the State of New York · 2001
  2. In re the Claim of MackAppellate Division of the Supreme Court of the State of New York · 1999
  3. In re the Claim of LanderAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by1 opinion

  1. In re the Claim of BakerAppellate Division of the Supreme Court of the State of New York · 2004

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