Legal Opinion

In re Donovan

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

Decided June 28, 2012Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 28, 2011, which, upon reconsideration, ruled that claimant was eligible to receive unemployment insurance benefits.

Claimant worked as a medical biller for a company that makes orthotics and prosthetics. She was chronically absent from work due to issues related to her pending divorce, childcare problems and personal illness. On June 29, 2009, she received an unfavorable performance review largely as a result of her excessive absenteeism and was placed on probation for six months. In an effort to accommodate…

2Cases cited4 opinions

  1. In re the Claim of DunhamAppellate Division of the Supreme Court of the State of New York · 2009
  2. In re the Claim of AnumahAppellate Division of the Supreme Court of the State of New York · 2009
  3. In re the Claim of BuyukcekmeceAppellate Division of the Supreme Court of the State of New York · 2011
  4. In re the Claim of PassarelliAppellate Division of the Supreme Court of the State of New York · 1996

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