Legal Opinion

In re Ortiz

Appellate Division of the Supreme Court of the State of New York

Decided July 5, 2012Published

1Opinion of the Court

*886Claimant, an administrative assistant, was terminated for insubordination after she refused to cooperate with the employer’s investigation of an earlier incident involving an angry dispute that claimant had with a tenant’s employee. The Unemployment Insurance Appeal Board ruled that she was disqualified from receiving unemployment insurance benefits because she lost her job due to misconduct. Claimant appeals and we affirm.

“An employee’s failure to comply with an employer’s reasonable request may constitute insubordination rising to the level of disqualifying misconduct” (Matter of Guagliardo…

2Cases cited2 opinions

  1. In re the Claim of GuagliardoAppellate Division of the Supreme Court of the State of New York · 2006
  2. In re the Claim of SetzerAppellate Division of the Supreme Court of the State of New York · 2010

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