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Matter of Stergas

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1998
250 A.D.2d 892 (N.Y. App. Div. 1998)

Opinion

May 7, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as the manager of a video rental store until he was discharged for violation of the employer's policy forbidding male employees from having long hair. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant lost his employment under disqualifying circumstances. The record discloses that claimant was discharged after warnings, both oral and written, notifying him that his failure to keep his hair no longer than two inches below his collar would bring an end to his employment. An employee's knowing violation of a workplace rule has been found to constitute disqualifying misconduct (see, Matter of Imondi [North Fork Bank — Sweeney], 233 A.D.2d 736), as has the refusal to comply with a reasonable term or condition of employment (see, Matter of Grover [Waste-Stream, Inc. — Sweeney], 233 A.D.2d 809). The Board's decision is, accordingly, affirmed.

Mikoll, J.P., Mercure, Crew III, White and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Stergas

Appellate Division of the Supreme Court of New York, Third Department
May 7, 1998
250 A.D.2d 892 (N.Y. App. Div. 1998)
Case details for

Matter of Stergas

Case Details

Full title:In the Matter of the Claim of ROBERT STERGAS, Appellant. COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 7, 1998

Citations

250 A.D.2d 892 (N.Y. App. Div. 1998)
673 N.Y.S.2d 223