New York court finds claimant’s insubordination disqualifying
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Thursday, December 12, 2019

New York court finds claimant’s insubordination disqualifying

By Payroll and Entitlements Editorial Staff

The claimant, a database coordinator at a botanical garden, disregarded her supervisor's instructions just one month after receiving a disciplinary memo concerning her challenges to that supervisor's authority. The memo also discussed her failure to follow instructions and cautioned her that such behavior was disruptive and, if continued, would result in termination. However, after receiving the memo, the claimant experienced a problem processing a membership application and asked the director of the department for instructions. The claimant's immediate supervisor viewed this act as another challenge to her authority. As a result of this incident, and her prior alleged instances of poor work performance and insubordination, the claimant was discharged for disqualifying misconduct. The Board's decision to deny benefits was affirmed (In re Rhonette Clay, N.Y. Sup. Ct., App. Div., Third Department. No. 529175, November 7, 2019).

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