In re the Claim of Roker
Opinion of the Court
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 10, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant was employed as a home health care attendant by a placement agency. The employer telephoned claimant while she was on duty at a client’s residence for the purpose of scheduling a meeting to discuss her lateness for an assignment. Claimant responded with an abusive and obscenity-laden outburst that provoked her discharge. The Unemployment Insurance Appeal Board subsequently ruled that claimant had lost her employment under disqualifying circumstances. We affirm.
It is well settled that an employee’s use of vulgar and disrespectful language may constitute disqualifying misconduct (see Matter of Caraballo [Rochester Plating Works — Commissioner of Labor], 297 AD2d 856 [2002]; Matter of Hart [Commissioner of Labor], 274 AD2d 796 [2000]). As the behavior that precipitated claimant’s discharge falls within this category, we find no reason to disturb the Board’s ruling that she lost her employment under disqualifying circumstances. To the
Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.