MATTER OF SANTIAGO

507285

69 A.D.3d 1090 (2010)

893 N.Y.S.2d 658

2010 NY Slip Op 348

In the Matter of the Claim of ORLANDO B. SANTIAGO, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided January 14, 2010.


Claimant worked as a security guard at a museum beginning in September 2006. Following several incidents during which fellow employees perceived claimant's behavior as hostile, claimant was given training and counseling, and was ultimately suspended. Finally, claimant was warned in writing that any further hostile or intimidating behavior towards fellow employees would be grounds for termination. Despite the warning, claimant threw a fake punch at a fellow employee and, as...

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