In re the Claim of Yastrzemski

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 2, 2005, which, inter alia, denied claimant’s application to reopen and reconsider a prior decision.

Claimant, a gardener for a landscaping company, complained to the employer that two coworkers were making comments about him to each other. The employer directed the coworkers not to speak to claimant and although they initially complied, claimant testified that the offensive conduct resumed within a few weeks. Without making further complaints to the employer, claimant quit despite the fact that continuing work…