MATTER OF FITZGERALD

508254.

73 A.D.3d 1375 (2010)

900 N.Y.S.2d 794

In the Matter of LISA J. FITZGERALD, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided May 20, 2010.


Claimant was terminated from her position as a clerk after she initiated a heated verbal exchange with a coworker and continued it even after a supervisor directed her to stop. The Unemployment Insurance Appeal Board ruled that she was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct. Claimant appeals.

We affirm. We note that "[c]ontentious or disruptive conduct in the workplace . . . may constitute...

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