In re the Claim of Paulsen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHerlihy, J.
The initial determination was based on “ [Y]ou [claimant] were intoxicated on your job and while in that condition, you insulted customers.”
Following a hearing, however, the Referee instead determined : 1 ‘ Claimant knew from the warnings given to him that the employer objected to drinking on the job. The credible evidence establishes that claimant lost his employment because of such actions. The fact that claimant, when accused by the employer at the time of dismissal, did not deny the charge leads to the conclusion that claimant himself believed that there was a valid basis for the charge.”…
2Cases cited2 opinions
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- In Re the Claim of MortonNew York Court of Appeals · 1940
3Cited by13 opinions
- 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
- Claim of Nallan v. Motion Picture Studio Mechanics Union, Local No. 52Appellate Division of the Supreme Court of the State of New York · 1975
- Furey v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1984
- Claim of Hawthorne v. Peartrees, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Site Acquisitions, Inc. v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 2003
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