MATTER OF MITCHELL


61 A.D.2d 1080 (1978)

In the Matter of the Claim of Ivy Mitchell, Appellant. Philip Ross, as Industrial Commissioner, Respondent

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

March 9, 1978


The board on "credible" evidence found: "that the claimant lost her employment as a result of using foul language in a customer's presence. In light of her prior warnings this constituted misconduct in connection with her employment". The record does not contain substantial evidence to support the finding that the claimant used "foul" language (the word at issue is "damn") or that such language would be a violation of company rules. Further, the "prior warnings" given this...

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