Legal Opinion

In re the Claim of Smith

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

Decided December 17, 2009PublishedCited by 7 opinions

1Opinion of the Court

Claimant, who was employed as a heating and air conditioning technician at a university, was terminated from his employment after he failed to follow his supervisor’s request to meet with him on two consecutive days. The Unemployment Insurance Appeal Board denied his claim for benefits on the ground that he was terminated due to misconduct, prompting this appeal.

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 [Commissioner of Labor], 27 AD3d 866, 867 [2006]…

2Cases cited5 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 LambertAppellate Division of the Supreme Court of the State of New York · 2006
  3. In re the Claim of BoxAppellate Division of the Supreme Court of the State of New York · 2008
  4. In re the Claim of MinerAppellate Division of the Supreme Court of the State of New York · 2008
  5. In re the Claim of AtsonAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by7 opinions

  1. In re the Claim of GarsideAppellate Division of the Supreme Court of the State of New York · 2010
  2. In re BullAppellate Division of the Supreme Court of the State of New York · 2014
  3. In re BullAppellate Division of the Supreme Court of the State of New York · 2014
  4. In re the Claim of AguasvivasAppellate Division of the Supreme Court of the State of New York · 2012
  5. In re the Claim of AguasvivasAppellate Division of the Supreme Court of the State of New York · 2012

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