MATTER OF ROTHSTEIN


306 A.D.2d 789 (2003)

761 N.Y.S.2d 539

In the Matter of the Claim of STEPHEN ROTHSTEIN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided June 26, 2003.


Spain, J.

After claimant and a coworker had an argument in the workplace, both employees were suspended from their positions with pay pending an employer investigation of the incident. At the conclusion of the investigation, claimant was found to have physically threatened the coworker and was terminated for creating a hostile work environment. Claimant was initially found eligible for unemployment insurance benefits, but the employer objected and requested a hearing...

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