Legal Opinion

In re the Claim of Elbaz

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

Decided June 29, 2006PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 26, 2005, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment as a dishwasher after he refused to comply with a manager’s directive to clean up garbage. Although claimant maintained that such assignment was not part of his duties as a dishwasher and he disliked the manager’s disrespectful demeanor, claimant was told that he could be fired if he refused the assignment. We find no…

2Cases cited3 opinions

  1. In re the Claim of GoodrichAppellate Division of the Supreme Court of the State of New York · 2003
  2. In re the Claim of JacksonAppellate Division of the Supreme Court of the State of New York · 2000
  3. In re the Claim of SwintonAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by1 opinion

  1. In re the Claim of MilesAppellate Division of the Supreme Court of the State of New York · 2008

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