In re Ortiz
Opinion of the Court
“An employee’s failure to comply with an employer’s reasonable request may constitute insubordination rising to the level of disqualifying misconduct” (Matter of Guagliardo [Commissioner of Labor], 27 AD3d 866, 867 [2006] [citations omitted]; see Matter of Setzer [Commissioner of Labor], 69 AD3d 1087 [2010]). Here, claimant admittedly refused repeated requests by the employer’s director that she discuss the incident with him. Given the reasonableness of this request and the absence of a compelling reason for claimant’s refusal (see Matter of Guagliardo [Commissioner of Labor], 27 AD3d at 867), we find no basis to reverse the Board’s decision.
Rose, J.P., Spain, Kavanagh, McCarthy and Egan Jr., JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.