In the Matter of the Claim of Dominic A. De Grego, Louis L. Levine, as Industrial Commissioner

Summary

The Court affirmed the Appellate Division's order granting unemployment benefits to De Grego, holding that the doctrine of provoked discharge does not apply because the employer was not compelled to fire him and there was no misconduct. The decision rests on a strict interpretation of provoked discharge established in James and limits its use to situations where the employer has no discretion. Justice Jasen dissented, arguing that the employee voluntarily left and that the denial of benefits should be upheld.