In re the Claim of Francano, 12 A.D.3d 768 (N.Y. App. Div. 2004). · Go Syfert
In re the Claim of Francano, 12 A.D.3d 768 (N.Y. App. Div. 2004). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Salcedo (E.H. Mfg. Inc.--Commissioner of Labor) (nyappdiv, 2019-04-25)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Salcedo (E.H. Mfg. Inc.--Commissioner of Labor)
N.Y. App. Div. · 2019 · confidence medium
Here, the Board made a factual determination that claimant's behavior was not "so egregious as to rise to the level of misconduct." Although the employer's witnesses testified that claimant sent a harassing message and spoke loudly and rudely to the supervisor, they also testified that he had not previously engaged in insubordinate behavior and had not received prior warnings ( compare Matter of Sona [Commissioner of Labor] , 13 AD3d 799, 800 [2004]; Matter of Francano [Commissioner of Labor] , 12 AD3d 768, 768-769 [2004]).
discussed Cited as authority (rule) In re the Claim of Peterson
N.Y. App. Div. · 2006 · confidence medium
An employee’s insubordinate conduct in refusing to comply with an employer’s reasonable request can constitute disqualifying misconduct (see Matter of Daniul [Commissioner of Labor], 25 AD3d 1061, 1061-1062 [2006]; Matter of Francano [Commissioner of Labor], 12 AD3d 768, 768 [2004]).
discussed Cited as authority (rule) In re the Claim of Guagliardo
N.Y. App. Div. · 2006 · confidence medium
An employee’s failure to comply with an employer’s reasonable request may constitute insubordination rising to the level of disqualifying misconduct (see Matter of Tunne [Commissioner of Labor], 21 AD3d 1194, 1195 [2005]; Matter of Francano [Commissioner of Labor], 12 AD3d 768, 768 [2004]).
discussed Cited as authority (rule) In re the Claim of Stona
N.Y. App. Div. · 2006 · confidence medium
It is well settled that the insubordinate behavior of an employee amounting to a refusal to comply with an employer’s reasonable request may constitute disqualifying misconduct (see Matter of Tunne [Commissioner of Labor], 21 AD3d 1194, 1195 [2005]; Matter of Francano [Commissioner of Labor], 12 AD3d 768, 768 [2004]).
discussed Cited as authority (rule) In re the Claim of Daniul
N.Y. App. Div. · 2006 · confidence medium
An employee’s insubordinate conduct in failing to comply with an employer’s reasonable request can constitute disqualify ing misconduct (see Matter of Tunne [Commissioner of Labor], 21 AD3d 1194, 1195 [2005]; Matter of Francano [Commissioner of Labor], 12 AD3d 768, 768 [2004]).
discussed Cited as authority (rule) In re the Claim of Pearlstein
N.Y. App. Div. · 2005 · confidence medium
An employee’s failure to follow an employer’s reasonable request (see Matter of Francano [Commissioner of Labor], 12 AD3d 768, 768 [2004]; Matter of Lyczek [Commissioner of Labor], 285 AD2d 797, 797 [2001], lv dismissed 97 NY2d 700 [2002]) or to comply with a workplace policy (see Matter of Kaissar [Commissioner of Labor], 3 AD3d 829, 830 [2004]; Matter of Bolasny [BNY-ESI & Co.—Commissioner of Labor], 3 AD3d 657, 658 [2004]) may be construed to constitute disqualifying misconduct.
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Margaret Francano, Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Nov 4, 2004.
12 A.D.3d 768
Cited by 6 opinions  |  Published

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 19, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was discharged from her employment as vice-president of designing and merchandising due to disqualifying misconduct. It is well settled that insubordination and an employee’s refusal to comply with reasonable requests of the employer can constitute disqualifying misconduct (see Matter of Kretchmer [Commissioner of Labor], 8 AD3d 849, 850 [2004]; Matter of Pasquarosa [Euro Brokers—Commissioner of Labor], 260 AD2d 903, 904 [1999]; Matter of Attara [Permis Constr. Corp.—Commissioner of Labor], 257 AD2d 936, 937 [1999]). The record here establishes that claimant engaged in a pattern of disrespectful and insubordinate behavior, which included failing to respond to telephone messages and e-mails from the company president, disregarding his repeated instructions to forward a fabric sample, as well as ignoring his directive to use the company e-mail, not her personal e-mail, when communicating with him[*769] and copy the director of production on all but confidential e-mails. Furthermore, claimant criticized the company president in an e-mail in which she berated his management and business style as well as his expectations of her. Under these circumstances, we find no reason to disturb the Board’s decision that claimant was disqualified from receiving benefits due to insubordination (see id.). Claimant’s remaining contention that a new hearing is necessary due to the incomplete nature of the record has been reviewed and found to be without merit.

Cardona, P.J., Mercure, Spain, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.