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Matter of Selzer

Appellate Division of the Supreme Court of New York, Third Department
Jul 14, 1997
241 A.D.2d 743 (N.Y. App. Div. 1997)

Opinion

July 14, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as an emergency medical technician for a private ambulance service. After delivering a patient to a hospital, claimant requested clean stretcher sheets from a hospital employee. When his request was refused, claimant was heard by several people to remark that the hospital was "turning into a Jew hospital". After a hospital administrator complained to the employer regarding claimant's remarks, he was discharged. Substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant was disqualified from receiving benefits because his job was terminated due to misconduct. Offensive behavior in the workplace, including the utterance of religious or ethnic slurs, has been found to constitute disqualifying misconduct (see, Matter of Weiss [Sweeney], 232 A.D.2d 672) as has conduct that is detrimental to the employer's interest (see, Matter of Krupa [Sweeney], 236 A.D.2d 772). Claimant's conduct was both offensive and detrimental to his employer's interest. The ruling of disqualification is, accordingly, affirmed.

Cardona, P. J., Mikoll, White, Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Selzer

Appellate Division of the Supreme Court of New York, Third Department
Jul 14, 1997
241 A.D.2d 743 (N.Y. App. Div. 1997)
Case details for

Matter of Selzer

Case Details

Full title:In the Matter of the Claim of SEAN T. SELZER, Appellant. JOHN E. SWEENEY…

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

Date published: Jul 14, 1997

Citations

241 A.D.2d 743 (N.Y. App. Div. 1997)
660 N.Y.S.2d 191

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