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Matter of the Claim of Romano

Appellate Division of the Supreme Court of New York, Third Department
Feb 28, 2002
291 A.D.2d 776 (N.Y. App. Div. 2002)

Opinion

90489

February 28, 2002.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 11, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Avis I. Romano, Staten Island, appellant pro se.

Eliot Spitzer, Attorney-General, New York City (Bessie Bazile of counsel), for respondent.

Before: Cardona, P.J., Mercure, Crew III, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant worked as a housekeeper's aide in a residential home for senior citizens until she was discharged following an altercation with a co-worker in the course of which both women shouted profanities. Claimant then interrupted a meeting attended by staff members and residents of the home, where she again uttered profanities. This Court has held that an employee's use of offensive language or engaging in contentious and disruptive conduct may constitute disqualifying misconduct (see, Matter of Crumel [Commissioner of Labor], 258 A.D.2d 803;Matter of Sobhani [Sweeney], 247 A.D.2d 810), especially in cases where, as here, the employee has been warned to refrain from such conduct (see,Matter of Hart [Commissioner of Labor], 274 A.D.2d 796). While claimant contends that it was her co-worker who started the fight, it has been held that fighting in the workplace may disqualify a claimant from receiving benefits regardless of who initiated the fight (see, Matter of Germain [Commissioner of Labor], 272 A.D.2d 708; Matter of Williams [National School Bus Serv. — Commissioner of Labor], 257 A.D.2d 839). As substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was guilty of disqualifying misconduct, it will not be disturbed.

Cardona, P.J., Mercure, Crew III, Rose and Lahtinen, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of the Claim of Romano

Appellate Division of the Supreme Court of New York, Third Department
Feb 28, 2002
291 A.D.2d 776 (N.Y. App. Div. 2002)
Case details for

Matter of the Claim of Romano

Case Details

Full title:In the Matter of the Claim of AVIS I. ROMANO, Appellant. COMMISSIONER OF…

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

Date published: Feb 28, 2002

Citations

291 A.D.2d 776 (N.Y. App. Div. 2002)
738 N.Y.S.2d 451