MATTER OF CHOUTE


48 A.D.2d 734 (1975)

In the Matter of the Claim of Jean B. Choute, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 15, 1975


On the morning in question, claimant, a delivery man, was congregating with coemployees outside the employer's office, waiting for delivery assignments. The employees were engaged in conversation. The employer attempted to quiet the group down for the purpose of issuing instructions. Claimant is alleged to have told the employer to "shut up". The employer waited until the day's work was concluded and then discharged claimant. The board found that claimant provoked his discharge...

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