In re the Claim of Parker
Cases that cite this one
2 later published cases cite this decision.
- Matter of Clark (Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2017)
- In re the Claim of Brown (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Claimant worked as a cleaner for the employer for three years until December 2007, when he was discharged for yelling and cursing at his supervisor. The Unemployment Insurance Appeal Board disqualified him from receiving unemployment insurance benefits on the ground that he lost his job due to misconduct. Claimant now appeals.
We affirm. “It is well settled that an employee’s insubordinate and disrespectful behavior toward a supervisor may constitute disqualifying misconduct” (Matter of Montanye [Commissioner of Labor], 10 AD3d 830, 831 [2004] [citations omitted]; accord Matter of Segarra [Commissioner of Labor], 45 AD3d 1146, 1146 [2007]). Here, claimant’s supervisor testified that he confronted claimant, who had reported late to work, and claimant responded by yelling and using profanity until security had to be called to remove claimant from the building. To the extent that claimant’s testimony differed from that of his supervisor and another witness, this presented a credibility issue for the Board to resolve (see Matter of Auguste [Commissioner of Labor], 61 AD3d 1242, 1243 [2009]). Inasmuch as the Board’s determination is supported by substantial evidence, it will not be disturbed.
Cardona, P.J., Peters, Rose, Kavanagh and McCarthy, JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.