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MATTER OF HIRSCHFELD

256 A.D.2d 710 (1998)

681 N.Y.S.2d 619

In the Matter of the Claim of CARL E. HIRSCHFELD, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided December 3, 1998.

After claimant repeatedly refused, in vulgar terms, a supervisor's order to return to work, claimant was given the option of returning to work or leaving and claimant left. Claimant returned a short time later but was not allowed to remain. Claimant had been previously warned regarding his inappropriate use of profanity in the workplace. The Unemployment Insurance Appeal Board ruled that claimant had lost his employment under disqualifying...

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