Opinion
92877
Decided and Entered: May 15, 2003.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 10, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Victor Pagan, Central Islip, appellant pro se.
Kenneth L. Small, New York City, for Haig Press, Inc., respondent.
Eliot Spitzer, Attorney General, New York City (Linda D. Joseph of counsel), for Commissioner of Labor, respondent.
Before: Mercure, J.P., Carpinello, Rose, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Claimant was discharged after emotionally heated confrontations with his supervisor that took place in front of other employees and included claimant's use of profanities. Following the last such incident, claimant refused to speak to his supervisor or accept work assignments from him.
An employee's use of offensive language and engaging in disrespectful and insubordinate conduct toward a supervisor may constitute disqualifying misconduct (see Matter of Caraballo [Rochester Plating Works — Commissioner of Labor], 297 A.D.2d 856; Matter of Kim [Commissioner of Labor], 262 A.D.2d 693, 694). In the matter under review, substantial evidence supports the Unemployment Insurance Appeal Board's finding that the incidents leading to claimant's dismissal fell within this category of conduct; hence, its decision will not be disturbed (see Matter of Schembri [Commissioner of Labor], 252 A.D.2d 717). Although claimant's description of the events leading to his discharge was in sharp contrast with that given by his supervisor, who testified for the employer, this conflict presented an issue of credibility for resolution by the Board (see Matter of Puente [Commissioner of Labor], 270 A.D.2d 555, 556, lv dismissed 95 N.Y.2d 896; Matter of Raum [Commissioner of Labor], 257 A.D.2d 833).
Mercure, J.P., Carpinello, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the decision is affirmed, without costs.