In re the Claim of Elbaz
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 26, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment as a dishwasher after he refused to comply with a manager’s directive to clean up garbage. Although claimant maintained that such assignment was not part of his duties as a dishwasher and he disliked the manager’s disrespectful demeanor, claimant was told that he could be fired if he refused the assignment. We find no reason to disturb the decision of the Unemployment Insurance Appeal Board inasmuch as there is substantial evidence to support its finding that clamant failed to comply with a reasonable request of the employer and that this insubordination constituted disqualifying misconduct (see Matter of Swinton [Com
Cardona, EJ., Mercure, 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.