Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: the Claim of Nathaniel R. CRUMEL, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 5, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his position as a medical biller following an incident wherein he directed obscene and angry language at another employee. The record indicates that claimant had previously been reprimanded for, inter alia, disturbing other employees by shouting, cursing and using offensive language. We conclude that substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant lost his employment under disqualifying circumstances. This court has held in the past that an employee's disrespectful conduct and vulgar language towards co-workers may constitute disqualifying misconduct (see, Matter of Shabazz-Allah [College of New Rochelle-Sweeney], 247 A.D.2d 749, 749-750, 669 N.Y.S.2d 396), particularly in cases where, as here, the claimant has been warned to refrain from such conduct (see, Matter of Agis [Sweeney ], 242 A.D.2d 819, 661 N.Y.S.2d 1024). Although claimant denied that he made such remarks, questions of credibility are for the Board to resolve (see, Matter of Dunleavy [Hartnett], 180 A.D.2d 861, 862, 579 N.Y.S.2d 246).
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 18, 1999
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)