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 Karen H. GAYLOR, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 14, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.
Claimant, an assembly line worker, engaged in a pattern of arguing with other employees while on the job. She received numerous warnings to stop this behavior because it adversely affected production. When she failed to heed these warnings and became involved in yet another argument with a coworker, her employment was terminated. The Unemployment Insurance Appeal Board ultimately disqualified her from receiving unemployment insurance benefits on the ground that she lost her employment due to misconduct. Claimant appeals.
We affirm. An employee's failure to comply with an employer's reasonable directives, despite repeated warnings, has been found to constitute disqualifying misconduct (see Matter of Spencer [Commissioner of Labor], 22 A.D.3d 1010, 1010, 802 N.Y.S.2d 565 [2005], lv. denied 7 N.Y.3d 701, 818 N.Y.S.2d 191, 850 N.E.2d 1166 [2006] ). Here, there was extensive testimony that claimant repeatedly provoked arguments with a coworker and that she continued to do so even after she was warned that she would be fired if she did not stop. Claimant herself stated that, during that incident that led to her dismissal, she instructed her coworker on her job performance even though she was not a supervisor. In view of the foregoing, substantial evidence supports the Board's finding that claimant engaged in disqualifying misconduct (see Matter of Williams [Sweeney], 240 A.D.2d 837, 837, 659 N.Y.S.2d 812 [1997] ).
ORDERED that the decision is affirmed, without costs.
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: June 21, 2007
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)