MATTER OF BROOMALL


275 A.D.2d 849 (2000)

713 N.Y.S.2d 237

In the Matter of the Claim of KEVIN BROOMALL, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided September 21, 2000.


Claimant worked as a maintenance technician for a nursing home until he was counseled for using vulgar language on the job. Claimant was informed that his use of vulgar swear words was inappropriate, especially since this language might be overheard by members of the visiting public. According to claimant's supervisor, claimant asked him whether he would be fired if he refused to comply and the supervisor responded that the choice was up to claimant. Claimant then reportedly...

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