In re the Claim of Garcia
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 31, 1998, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment as a phlebotomist after he failed to comply with the employer’s call-in procedures pertaining to absences due to illness, notwithstanding having received prior warnings and a suspension regarding similar conduct. Although claimant was aware of the employer’s call-in policy, he testified that on the day in question he had an argument with his wife and left his house without the
Mikoll, J. P., White, Spain, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.