Legal Opinion

In re the Claim of Atson

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

Decided July 23, 2009PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 25, 2008, which disqualified claimant from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant worked for a heating contractor for approximately three years. Because claimant was experiencing financial difficulties, his employer gave him an advance on money that he would be paid while on vacation. The employer insisted, however, that claimant take two weeks of vacation before September 15. Claimant refused to take vacation because he could not afford to go two…

2Cited by2 opinions

  1. In re the Claim of SmithAppellate Division of the Supreme Court of the State of New York · 2009
  2. In re the Claim of StanczykAppellate Division of the Supreme Court of the State of New York · 2010

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