MATTER OF HOUSTON


65 A.D.3d 773 (2009)

883 N.Y.S.2d 734

In the Matter of the Claim of DIANA C. HOUSTON, Appellant. NAMDOR, INC., Respondent; COMMISSIONER OF LABOR, Respondent.

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

Decided August 13, 2009.


Claimant worked as a deli clerk at a grocery store. While she was on duty, her supervisor noticed that claimant was reading a magazine even though the deli area was dirty and needed to be cleaned. When he directed her to do so, she refused. During this exchange, claimant repeatedly called the supervisor an idiot. Her employment was terminated as a result. The Unemployment Insurance Appeal Board disqualified her from receiving unemployment insurance benefits on the ground...

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