In re the Claim of Baxter

Appellate Division of the Supreme Court of New York

In re the Claim of Baxter

244 A.D.2d 623, 663 N.Y.S.2d 921, 1997 N.Y. App. Div. LEXIS 11116

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 6, 1997

StatusPublished

Cited by3 cases

This text of 244 A.D.2d 623 (In re the Claim of Baxter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Baxter, 244 A.D.2d 623, 663 N.Y.S.2d 921, 1997 N.Y. App. Div. LEXIS 11116 (N.Y. Ct. App. 1997).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 5, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant resigned from her employment as the office manager of a law firm after one of her employers criticized her job performance. Substantial evidence supports the ruling of the Unemployment Insurance Appeal Board that claimant left her employment for personal, noncompelling reasons. Criticism of an employee’s work by his or her employer does not constitute good cause for leaving one’s employment (see, Matter of Feng Yen Yang [Sweeney], 233 AD2d 656; Matter of Lucas [Dominican Sisters—Sweeney], 213 AD2d 960). The conflict in testimony between claimant’s assertion that she was fired and that of the employer who asserted that claimant voluntarily resigned presented an issue of credibility for resolution by the Board (see, Matter of Bradley [Hudacs], 190 AD2d 949).

[624]*624Cardona, P. J., Mercure, Crew III, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 5, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant resigned from her employment as the office manager of a law firm after one of her employers criticized her job performance. Substantial evidence supports the ruling of the Unemployment Insurance Appeal Board that claimant left her employment for personal, noncompelling reasons. Criticism of an employee’s work by his or her employer does not constitute good cause for leaving one’s employment (see, Matter of Feng Yen Yang [Sweeney], 233 AD2d 656; Matter of Lucas [Dominican Sisters—Sweeney], 213 AD2d 960). The conflict in testimony between claimant’s assertion that she was fired and that of the employer who asserted that claimant voluntarily resigned presented an issue of credibility for resolution by the Board (see, Matter of Bradley [Hudacs], 190 AD2d 949).

[624]*624Cardona, P. J., Mercure, Crew III, Yesawich Jr. and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

244 A.D.2d 623, 663 N.Y.S.2d 921, 1997 N.Y. App. Div. LEXIS 11116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-baxter-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack