Legal Opinion
In re Colindres
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 7 opinions
1Opinion of the Court
*992We affirm. Hostile and/or threatening behavior directed at a supervisor has been found to be misconduct disqualifying a claimant from receiving unemployment insurance benefits (see Matter of Gigi [Commissioner of Labor], 37 AD3d 894, 894-895 [2007]; Matter of Terry [Commissioner of Labor], 23 AD3d 727, 728 [2005]). Here, more than one of the employer’s witnesses testified that claimant threatened the supervisor with physical harm during the altercation. While claimant denied this, his testimony presented a credibility issue for the Board to resolve (see Matter of Messado [City of New York —…
2Cases cited2 opinions
- In re GigiAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Claim of TerryAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by7 opinions
- In re the Claim of AlegriaAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Claim of AlegriaAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Claim of HallockAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Claim of HallockAppellate Division of the Supreme Court of the State of New York · 2013
- In re the Claim of HernandezAppellate Division of the Supreme Court of the State of New York · 2012
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