AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of the Claim of MICHELLE M. GROGAN, Appellant. ROYAL TEMPORARIES, INC./STAFKINGS, Respondent; COMMISSIONER OF LABOR, Respondent.

Claimant worked for a temporary employment agency (hereinafter the employer) in a clerical and/or secretarial capacity. One of the employer's clients, a law firm, interviewed claimant in March 2003 for a secretarial position. During the interview, claimant asked inappropriate questions which discouraged the law firm from hiring her. Although she was initially found eligible to receive unemployment insurance benefits after the interview, she was disqualified following a telephone hearing on the ground that she refused an offer of suitable employment without good cause. She now appeals.

We affirm. Upon reviewing the record, we find no merit to claimant's argument that her due process rights were violated. The Administrative Law Judge thoroughly explained the procedures to be followed during the hearing and claimant indicated that she understood them. She did not make any requests to subpoena witnesses during the hearing and specifically declined the opportunity to cross-examine the employer's witness ( see e.g. Matter of Dimps [New York City Human Resources Admin. — Commissioner of Labor], 274 AD2d 625, 626; Matter of Boehm [Commissioner of Labor], 268 AD2d 665, 666). Notably, the testimony of the employer's witness provided substantial evidence supporting the determination ( see Matter of Batih [Levine], 51 AD2d 604). Accordingly, we find no reason to disturb the Board's decision.

Ordered that the decision is affirmed, without costs.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF CLAIM OF GROGAN
(Jun 30, 2005)