In re the Claim of Shafer

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 16, 2012, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Whether a claimant was discharged from employment due to disqualifying misconduct is a factual determination for the Unemployment Insurance Appeal Board to decide and its decision will be upheld if supported by substantial evidence (see Matter of Heppehamer [Commissioner of Labor], 67 AD3d 1283 [2009]). Insubordinate behavior, including rude, disrespectful…