In re the Claim of Harvey

Appellate Division of the Supreme Court of New York

In re the Claim of Harvey

261 A.D.2d 758, 689 N.Y.S.2d 789, 1999 N.Y. App. Div. LEXIS 5355

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 13, 1999

StatusPublished

This text of 261 A.D.2d 758 (In re the Claim of Harvey) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Harvey, 261 A.D.2d 758, 689 N.Y.S.2d 789, 1999 N.Y. App. Div. LEXIS 5355 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 21, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was terminated from his employment as a computer project specialist after offending a co-worker by admonishing him about his personal life because it was not in accordance with claimant’s religious beliefs. The record reveals that, due to complaints from numerous co-workers, claimant had previously been counseled by the employer to refrain from espousing his religious beliefs in the workplace. Under these circumstances, the decision of the Unemployment Insurance Appeal Board that claimant knew or should have known that continued injection of his religious beliefs in the workplace could lead to his termination is supported by substantial evidence (see, e.g., Matter of Hall [Hudacs], 192 AD2d 1043, 1044; [759]*759see generally, Matter of D’Amico [Roberts], 122 AD2d 472). Furthermore, we find no violation of claimant’s right to free speech (see, Matter of D’Amico [Roberts], supra, at 473-474).

Cardona, P. J., Crew III, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 21, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was terminated from his employment as a computer project specialist after offending a co-worker by admonishing him about his personal life because it was not in accordance with claimant’s religious beliefs. The record reveals that, due to complaints from numerous co-workers, claimant had previously been counseled by the employer to refrain from espousing his religious beliefs in the workplace. Under these circumstances, the decision of the Unemployment Insurance Appeal Board that claimant knew or should have known that continued injection of his religious beliefs in the workplace could lead to his termination is supported by substantial evidence (see, e.g., Matter of Hall [Hudacs], 192 AD2d 1043, 1044; [759]*759see generally, Matter of D’Amico [Roberts], 122 AD2d 472). Furthermore, we find no violation of claimant’s right to free speech (see, Matter of D’Amico [Roberts], supra, at 473-474).

Cardona, P. J., Crew III, Yesawich Jr., Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

261 A.D.2d 758, 689 N.Y.S.2d 789, 1999 N.Y. App. Div. LEXIS 5355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-harvey-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack