From Casetext: Smarter Legal Research

Matter of Hassenfratz

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 815 (N.Y. App. Div. 1997)

Opinion

September 11, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant, employed as a delivery truck driver, was fired for making a vulgar and abusive comment to a female employee. Hearing testimony disclosed that claimant had been notified that such conduct was counter to both the employer's policy and the terms of his union's collective bargaining agreement. The Unemployment Insurance Appeal Board ruled that claimant had lost his employment under disqualifying circumstances. We affirm. An employee's knowing violation of a company rule or policy has been found to constitute disqualifying misconduct ( see, Matter of Shay [Eastern Alloys — Hudacs], 192 A.D.2d 1043) as has the use of offensive language in the workplace ( see, Matter of Weiss [Sweeney], 232 A.D.2d 672). Claimant's comment was both offensive and against his employer's well-established policy. The ruling of disqualification is, accordingly, affirmed.

Mikoll, J.P., Mercure, White, Casey and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Hassenfratz

Appellate Division of the Supreme Court of New York, Third Department
Sep 11, 1997
242 A.D.2d 815 (N.Y. App. Div. 1997)
Case details for

Matter of Hassenfratz

Case Details

Full title:In the Matter of the Claim of KEVIN J. HASSENFRATZ, Appellant. JOHN E…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 11, 1997

Citations

242 A.D.2d 815 (N.Y. App. Div. 1997)
661 N.Y.S.2d 1023

Citing Cases

Matter of the Claim of Smith

Claimant's supervisor testified that he had warned claimant, after he sent out the first objectionable…

Matter of the Claim of Graham

Although he claimed that he was not aware of the sexual content of the e-mail when he opened it, it is…