In re the Claim of Marquez
—Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 9, 1998, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment as an administrative associate at a human services agency after he became argumentative over the telephone with the employer’s Field Director, who criticized claimant’s failure to answer the telephone with the employer’s standard greeting. In response, claimant threatened to sue the Field Director and “write him up”. Claimant then hung up the telephone while the Field Director was still speaking. Significantly, at the time of this incident, claimant was on disciplinary probation because of past difficulties with a different supervisor.
In our view, substantial evidence supports the Unemployment Insurance Appeal Board’s decision that claimant was disqualified from receiving benefits because his employment was terminated due to misconduct. There can be no dispute that insubordinate behavior such as issuing threats to one’s supervisor or engaging in conduct that is detrimental to the employer’s interests, can be construed as disqualifying misconduct (see, Matter of Khan [Sweeney],
Cardona, P. J., Mercure, Yesawich Jr., Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.