Legal Opinion

In re the Claim of McNeil

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

Decided November 17, 2011PublishedCited by 2 opinions

1Opinion of the Court

Claimant worked as a garden associate for the employer for approximately 2V2 years when he was involved in an accident with a forklift and, pursuant to company policy, was required to submit to a drug test. When the employer retained an on-site collection agency the following day, petitioner refused to provide a urine sample, even after being told that refusing would be grounds for discharge. Claimant’s employment was subsequently terminated and the Unemployment Insurance Appeal Board ruled that he was disqualified from receiving unemployment insurance benefits because he lost his employment…

2Cases cited4 opinions

  1. In re BrauneisenAppellate Division of the Supreme Court of the State of New York · 2010
  2. In re the Claim of SealeyAppellate Division of the Supreme Court of the State of New York · 2011
  3. In re the Claim of RamseyAppellate Division of the Supreme Court of the State of New York · 2005
  4. In re the Claim of JenkinsAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by2 opinions

  1. In re KatynskiAppellate Division of the Supreme Court of the State of New York · 2014
  2. In re KatynskiAppellate Division of the Supreme Court of the State of New York · 2014

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