IN THE MATTER OF CIRLINCIONE


4 A.D.3d 717 (2004)

771 N.Y.S.2d 915

In the Matter of the Claim of MICHELE CIRLINCIONE, Appellant. COMMISSIONER OF LABOR, Respondent.

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

February 26, 2004.


Claimant was discharged from her employment as an admissions supervisor for a drug treatment program after she used profane language when speaking to a client. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because she engaged in misconduct. It is well settled that an employee's use of offensive language can constitute disqualifying misconduct...

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