AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of the Claim of PETER D. SCHIFFKE, Appellant. JOHN F. HUDACS, as Commissioner of Labor, Respondent.

Claimant's co-worker testified that despite repeatedly telling claimant that she did not want to talk to him after she terminated their social relationship, claimant nevertheless kept sending her notes at work asking her to talk to him. The co-worker testified that the day before claimant was discharged, she was working in the print room when claimant pushed her and cursed at her. Claimant's supervisor testified that he had previously discussed the company's policy against harassment with claimant. The supervisor also testified that after the print room incident involving the co-worker, he again met with claimant and warned him that such behavior could lead to his discharge. The next day, however, after being requested by the co-worker to make certain copies, claimant returned the work unfinished with a note again asking the co-worker to talk to him. He was then discharged. Under these circumstances, the conclusion by the Unemployment Insurance Appeal Board that claimant lost his employment due to misconduct is supported by substantial evidence and must be upheld (see, Matter of Levick [Ross], 53 A.D.2d 950, appeal dismissed 42 N.Y.2d 909, lv denied 42 N.Y.2d 811; Matter of Martin [Catherwood], 33 A.D.2d 815; cf., Matter of Marquez [Roberts], 107 A.D.2d 959). Claimant's contrary version of the events leading to his discharge merely raised questions of credibility for resolution by the Board (see, Matter of Padilla [Sephardic Home for the Aged — Roberts], 113 A.D.2d 997).

Mikoll, J.P., Yesawich Jr., Crew III, Mahoney and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.

Use AI to get other relevant cases.

Comments

MATTER OF SCHIFFKE
(Jan 7, 1993)