Opinion
June 12, 1997
Appeal from the Unemployment Insurance Appeal Board.
During an argument regarding claimant's behavior toward his co-workers, claimant failed to comply with the directive issued by the employer's president to be quiet and listen. As a result, claimant was discharged. The Unemployment Insurance Appeal Board found claimant disqualified from receiving unemployment insurance benefits on the ground that his employment was terminated due to misconduct. Inasmuch as claimant was warned that his continued arguing could result in his termination, we find that substantial evidence supports the Board's decision that claimant engaged in disqualifying misconduct (see generally, Matter of Stennett [Hudacs], 191 A.D.2d 774, 775; cf., Matter of Bukowski [Sweeney], 231 A.D.2d 785; Matter of Marquez [Roberts], 107 A.D.2d 959, 960; Matter of Judermanns [Levine], 43 A.D.2d 654). Claimant's contention that the argument was initiated by his employer in response to his request for a raise and that his firing was a subterfuge for his employer's desire to discharge claimant and replace him with a lower paid employee merely presented a credibility issue for the Board to resolve (see, Matter of Velazquez [Hudacs], 204 A.D.2d 928). Accordingly, the Board's decision is affirmed.
Cardona, P.J., Crew III, White, Yesawich Jr. and Peters, JJ., concur.
Ordered that the decision is affirmed, without costs.