Legal Opinion

In re the Claim of Setzer

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

Decided January 14, 2010PublishedCited by 6 opinions

1Opinion of the Court

Claimant, a lineserver at a buffet-style restaurant for approximately nine months, was terminated from his position as a result of an incident where he became disrespectful and insubordinate towards the manager of the restaurant. The Unemployment Insurance Appeal Board denied his claim for unemployment insurance benefits on the ground that his employment was terminated due to misconduct. Claimant appeals.

We affirm. Insubordinate and/or disrespectful conduct toward a supervisor has been found to constitute misconduct disqualifying a claimant from receiving unemployment insurance benefits (see…

2Cases cited4 opinions

  1. In re the Claim of AugusteAppellate Division of the Supreme Court of the State of New York · 2009
  2. In re the Claim of SegarraAppellate Division of the Supreme Court of the State of New York · 2007
  3. In re the Claim of CoonAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re the Claim of HoustonAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by6 opinions

  1. In re the Claim of IronsAppellate Division of the Supreme Court of the State of New York · 2010
  2. In re the Claim of MorarAppellate Division of the Supreme Court of the State of New York · 2011
  3. In re the Claim of PonceAppellate Division of the Supreme Court of the State of New York · 2010
  4. In re the Claim of BrownAppellate Division of the Supreme Court of the State of New York · 2011
  5. In re OrtizAppellate Division of the Supreme Court of the State of New York · 2012

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