MATTER OF ROSARIO


32 A.D.3d 1092 (2006)

821 N.Y.S.2d 667

In the Matter of the Claim of NANCY ROSARIO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

September 21, 2006.


Claimant worked as a travel agent for the employer for nearly six years. During a conversation with another travel agent, after she assumed that she had been put on hold, she called the agent a vulgar name. The agent heard the remark, reported the incident to claimant's supervisor and indicated that she would not do further business with the employer. Claimant was terminated as a result and applied for unemployment insurance benefits. The Unemployment Insurance Appeal Board...

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