MATTER OF PAGAN


305 A.D.2d 845 (2003)

758 N.Y.S.2d 561

In the Matter of the Claim of VICTOR PAGAN, Appellant. HAIG PRESS, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided May 15, 2003.


Claimant was discharged after emotionally heated confrontations with his supervisor that took place in front of other employees and included claimant's use of profanities. Following the last such incident, claimant refused to speak to his supervisor or accept work assignments from him.

An employee's use of offensive language and engaging in disrespectful and insubordinate conduct toward a supervisor may constitute disqualifying misconduct (see Matter of Caraballo...

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