MATTER OF HAYES


249 A.D.2d 665 (1998)

671 N.Y.S.2d 187

In the Matter of the Claim of Marianne Hayes, Appellant. Commissioner of Labor, Respondent

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

April 9, 1998


Claimant was discharged from her employment as an administrative assistant for a postgraduate center after she used profane language and uttered a racial slur in response to a question from a supervisor. Based upon our review of the record, we conclude that the decision of the Unemployment Insurance Appeal Board, which denied claimant benefits because she engaged in disqualifying misconduct, is supported by substantial evidence. Offensive behavior in the workplace, including...

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