In re the Claim of Jones

Appellate Division of the Supreme Court of New York

In re the Claim of Jones

100 A.D.3d 1134, 953 N.Y.S.2d 512

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

DecidedNovember 8, 2012

StatusPublished

This text of 100 A.D.3d 1134 (In re the Claim of Jones) 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 Jones, 100 A.D.3d 1134, 953 N.Y.S.2d 512 (N.Y. Ct. App. 2012).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 22, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant worked as a security agent for the employer for over two years. While on the job, claimant became involved in a heated verbal exchange with a coworker that escalated into a physical altercation resulting in claimant striking the coworker and pushing him to the ground. As a result, claimant was terminated from his position. The Unemployment Insurance Appeal Board found that claimant was not acting in self-defense and disqualified him from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Claimant appeals.

We affirm. Fighting with a coworker, regardless of who initiates the confrontation, has been held to constitute misconduct disqualifying a claimant from receiving unemployment insurance benefits (see Matter of Chisholm [Commissioner of Labor], 54 AD3d 1094 [2008]; Matter of McGloin [Commissioner of Labor], 9 AD3d 727, 728 [2004]). Here, there is no dispute that claimant engaged in such behavior while working for the employer. Therefore, substantial evidence supports the Board’s decision disqualifying him from receiving benefits.

Rose, J.E, Lahtinen, Kavanagh, McCarthy and Egan Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 22, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant worked as a security agent for the employer for over two years. While on the job, claimant became involved in a heated verbal exchange with a coworker that escalated into a physical altercation resulting in claimant striking the coworker and pushing him to the ground. As a result, claimant was terminated from his position. The Unemployment Insurance Appeal Board found that claimant was not acting in self-defense and disqualified him from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Claimant appeals.

We affirm. Fighting with a coworker, regardless of who initiates the confrontation, has been held to constitute misconduct disqualifying a claimant from receiving unemployment insurance benefits (see Matter of Chisholm [Commissioner of Labor], 54 AD3d 1094 [2008]; Matter of McGloin [Commissioner of Labor], 9 AD3d 727, 728 [2004]). Here, there is no dispute that claimant engaged in such behavior while working for the employer. Therefore, substantial evidence supports the Board’s decision disqualifying him from receiving benefits.

Rose, J.E, Lahtinen, Kavanagh, McCarthy and Egan Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

100 A.D.3d 1134, 953 N.Y.S.2d 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-jones-nyappdiv-2012.

Opinion

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