The Honorable Charlesa London issued an award, in favor of the firm's client, after an in-person hearing was conducted. The decision overruled the initial determination that the employee was terminated due to misconduct. Specifically, the decision set forth the following:
DECISION: The revised initial determination, disqualifying the claimant from receiving benefits effective May 22, 2012, on the basis that the claimant lost employment through misconduct in connection with that employment and holding that the wages paid to the claimant by SLEEPY'S LLC prior to May 22, 2012 cannot be used toward the establishment of a claim for benefits, is overruled.
The claimant is allowed benefits with respect to the issues decided herein.
Hearing Requested: September 6, 2012
Decision Mailed and Filed: October 1, 2012
Claimant's Legal Representation:
450 7th Avenue, 30th Floor
New York, NY 10123
SLEEPY'S LLC's Legal Representation:
Littler Mendelson, PC
900 Third Avenue
New York, NY 10022