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.