IN THE MATTER OF CLAIM OF WEST

Claimant, a janitor, was suspended for three days for not abiding by the employer's directive to provide a doctor's note to explain a recent absence. Claimant was discharged when he failed to return to work at the end of the three days or thereafter contact the employer. Substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant engaged in disqualifying misconduct. It is well settled that failure to return to work as scheduled may constitute disqualifying misconduct (see e.g. Matter of Raykina [Commissioner of Labor], 304 A.D.2d 940; Matter of Kanber [Commissioner of Labor], 288 A.D.2d 739, 740; Matter of McDade [Hudacs], 203 A.D.2d 859). Although claimant testified that he reported for work following the suspension, he left after a coworker told him that he had been fired. By failing to talk to his supervisor or thereafter contact the employer, claimant neglected to take reasonable steps to protect his employment (see Matter of Cranston [Commissioner of Labor], 294 A.D.2d 694, 694-695).

Cardona, P.J., Crew III, Peters, Spain and Carpinello, JJ., concur.

ORDERED that the decision is affirmed, without costs.