Matter of Hayes

Appellate Division of the Supreme Court of New York, Third DepartmentApr 9, 1998
671 N.Y.S.2d 187 (N.Y. App. Div. 1998)
671 N.Y.S.2d 187249 A.D.2d 665

April 9, 1998

Appeal from the Unemployment Insurance Appeal Board.

Claimant was discharged from her employment as an administrative assistant for a postgraduate center after she used profane language and uttered a racial slur in response to a question from a supervisor. Based upon our review of the record, we conclude that the decision of the Unemployment Insurance Appeal Board, which denied claimant benefits because she engaged in disqualifying misconduct, is supported by substantial evidence. Offensive behavior in the workplace, including the use of abusive language and disrespectful conduct toward ones supervisor, has been found to constitute disqualifying misconduct, especially in cases such as this, where claimant had previously been warned, both orally and in writing, about her profane language and inappropriate behavior ( see, Matter of Agis [Sweeney], 242 A.D.2d 819; Matter of Weiss [Sweeney], 232 A.D.2d 672; see also, Matter of Stagno [Sweeney], 239 A.D.2d 766, 767). Accordingly, we find no reason to disturb the Board's decision.

Cardona, P.J., Mikoll, Mercure, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.