Opinion
February 18, 1999
Appeal from the Unemployment Insurance Appeal Board.
Claimant was employed as a cleaner for a janitorial services company until he was discharged for twice calling a supervisor an obscene and vulgar name after being told he could not have his paycheck early. In our view, substantial evidence supports the Unemployment Insurance Appeal Board's decision that claimant was disqualified from receiving benefits. The issue of whether a claimant was discharged for disqualifying misconduct is a question of fact for the Board to resolve ( see, Matter of Pullum [Sweeney], 224 A.D.2d 897). Notably, "[t]he use of vulgar language and disrespectful conduct toward supervisors [cart] constitute disqualifying misconduct" ( Matter of Stagno [Sweeney], 239 A.D.2d 766, 767). Although claimant had not previously been disciplined at work, the Board specifically noted that the record contained "little in the way of provocation or extenuating circumstances to excuse the insubordination". Under the circumstances, we find no reason to disturb the Board's decision.
Cardona, P. J., Mikoll, Mercure, Carpinello and Graffeo, JJ., concur.
Ordered that the decision is affirmed, without costs.