MATTER OF SHAW


302 A.D.2d 655 (2003)

753 N.Y.S.2d 772

In the Matter of the Claim of ANDREA D. SHAW, Appellant. S'IL VOUS PLAIT MESSAGE MANAGEMENT CENTER LIMITED, Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided February 6, 2003.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant lost her employment as a receptionist due to disqualifying misconduct. The record establishes that shortly after she was reprimanded for interrupting the training of a new employee, claimant became angry and threatened to put rat poison in the office water cooler. It is well settled that utterance of a threat to a supervisor or coworker can constitute misconduct (

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