In re the Claim of Sobhani

Appellate Division of the Supreme Court of New York

In re the Claim of Sobhani

247 A.D.2d 810, 669 N.Y.S.2d 404, 1998 N.Y. App. Div. LEXIS 1885

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

DecidedFebruary 26, 1998

StatusPublished

Cited by1 cases

This text of 247 A.D.2d 810 (In re the Claim of Sobhani) 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 Sobhani, 247 A.D.2d 810, 669 N.Y.S.2d 404, 1998 N.Y. App. Div. LEXIS 1885 (N.Y. Ct. App. 1998).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 21, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was employed as a hair stylist until she was discharged for using profane and insubordinate language towards her employer. The Unemployment Insurance Appeal Board ruled that claimant’s actions constituted disqualifying misconduct. We affirm. The record reveals that claimant called her employer a “bitch” and a thief and that she used other obscenities to describe her employer while in the presence of co-workers and clients of the employer’s hair salon. Claimant had directed similar language towards her employer on prior occasions and had been warned that such conduct in the future could result in her termination. Conduct involving the use of obscene or insubordinate language that demonstrates disrespect for one’s employer may constitute disqualifying misconduct (see, Matter of Stagno [Sweeney], 239 AD2d 766). Inasmuch as substantial evidence to support the Board’s decision is contained in the record before us, its decision will not be disturbed.

Mikoll, J. P., Crew III, Yesawich Jr., Spain and Carpinello, 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 May 21, 1997, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was employed as a hair stylist until she was discharged for using profane and insubordinate language towards her employer. The Unemployment Insurance Appeal Board ruled that claimant’s actions constituted disqualifying misconduct. We affirm. The record reveals that claimant called her employer a “bitch” and a thief and that she used other obscenities to describe her employer while in the presence of co-workers and clients of the employer’s hair salon. Claimant had directed similar language towards her employer on prior occasions and had been warned that such conduct in the future could result in her termination. Conduct involving the use of obscene or insubordinate language that demonstrates disrespect for one’s employer may constitute disqualifying misconduct (see, Matter of Stagno [Sweeney], 239 AD2d 766). Inasmuch as substantial evidence to support the Board’s decision is contained in the record before us, its decision will not be disturbed.

Mikoll, J. P., Crew III, Yesawich Jr., Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.

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Bluebook (online)

247 A.D.2d 810, 669 N.Y.S.2d 404, 1998 N.Y. App. Div. LEXIS 1885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-sobhani-nyappdiv-1998.

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