Legal Opinion
In re the Claim of De Grego
New York Court of Appeals
Decided April 8, 1976PublishedCited by 43 opinions
1Opinion of the CourtWachtler, J.
This appeal involves the concept of provoked discharge as a bar to eligibility for unemployment compensation benefits. In Matter of James (Levine) (34 NY2d 491) we circumscribed its application to cases where the employer lacked a choice in firing the claimant. In any other situation the Division of Umemployment Insurance may not deny benefits on the ground that the employee provoked his discharge.
At the time the instant controversy began, the claimant had been employed as a plumber’s helper by Rhinebeck Plumbing & Heating, Inc., for over two years. Throughout this period his performance had…
2Cases cited4 opinions
- Matter of James (Levine)New York Court of Appeals · 1974
- In Re the Claim of MalaspinaNew York Court of Appeals · 1956
- In re the Claim of HeitzenraterNew York Court of Appeals · 1966
- In re the Claim of De GregoAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by43 opinions
- Messina v. Iowa Department of Job ServiceSupreme Court of Iowa · 1983
- Bernstein v. Birch Wathen SchoolAppellate Division of the Supreme Court of the State of New York · 1979
- Matter of Sinker (Sweeney)New York Court of Appeals · 1997
- Mohammed Abdallah D/B/A Holyland Store v. Caribbean Security AgencyCourt of Appeals for the Third Circuit · 1977
- In re the Claim of HuntAppellate Division of the Supreme Court of the State of New York · 1981
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