MATTER OF GREENE


243 A.D.2d 913 (1997)

663 N.Y.S.2d 358

In the Matter of the Claim of Agnitha L. Greene, Appellant. Kellwood Company, Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

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

October 16, 1997


The record establishes that claimant, a sample maker for a garment manufacturer, became upset when asked by her immediate supervisor to refrain from disturbing other employees by tapping her foot to music coming from her personal stereo. When the merchandising director intervened in the ensuing argument, claimant told her to "go to hell". After claimant repeated the profanity to a vice-president and later to the employer's chief executive officer, she was discharged. Substantial...

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