MATTER OF MacGILFREY


223 A.D.2d 894 (1996)

636 N.Y.S.2d 222

In the Matter of the Claim of Tina M. MacGilfrey, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

January 18, 1996


Claimant, a cashier at a supermarket, was terminated from her employment for uttering obscene language to her manager after he spoke with her about her inability to get along with another cashier. Although claimant denied using obscene language, a representative of the employer testified that claimant used profanity toward her manager after he warned her about arguing with the other cashier in front of customers. In view of this, we find that substantial evidence supports...

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