Legal Opinion

In re the Claim of Hernandez

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

Decided September 20, 2012Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 14, 2011, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant worked for a commercial cleaning company for approximately six years. She got into a verbal dispute with a coworker and ended up pushing the coworker and throwing the coworker’s phone to the floor. The coworker reported the incident to the owner, who informed claimant that she could no longer work for the company. Claimant, in turn, threatened the…

2Cases cited4 opinions

  1. In re the Claim of ChisholmAppellate Division of the Supreme Court of the State of New York · 2008
  2. In re ColindresAppellate Division of the Supreme Court of the State of New York · 2012
  3. In re the Claim of Reyna-BautistaAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re the Claim of BrunerAppellate Division of the Supreme Court of the State of New York · 2005

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