In re the Claim of Feldstein

Appellate Division of the Supreme Court of New York

In re the Claim of Feldstein

121 A.D.3d 1477, 994 N.Y.S.2d 466

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

DecidedOctober 30, 2014

StatusPublished

This text of 121 A.D.3d 1477 (In re the Claim of Feldstein) 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 Feldstein, 121 A.D.3d 1477, 994 N.Y.S.2d 466 (N.Y. Ct. App. 2014).

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Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 2013, which ruled that claimant was disqualified from receiving unemployment insurance [1478]*1478benefits because she voluntarily left her employment without good cause.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left her employment as a medical secretary at a physician’s office without good cause. Claimant quit the job after five days, complaining to the physician that the office manager was “very bossy, loud [and] intimidating.” It is well settled, however, that an employee’s inability to get along with a supervisor does not constitute good cause for leaving his or her employment (see Matter of Markaj [Commissioner of Labor], 119 AD3d 1267, 1267 [2014]; Matter of Bielak [Commissioner of Labor], 105 AD3d 1226, 1226 [2013]). Moreover, the physician stated that the office manager was “firm” but had never behaved in a rude or demeaning way, and claimant’s vague testimony to the contrary created a credibility issue for the Board to resolve (see Matter of Crandall-Mars [Commissioner of Labor], 47 AD3d 1179, 1180 [2008]; Matter of Micara [Commissioner of Labor], 307 AD2d 568, 569 [2003]).

Peters, EJ., Stein, Garry, Egan Jr. and Devine, JJ., concur.

Ordered that the decision is affirmed, without costs.

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Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 2013, which ruled that claimant was disqualified from receiving unemployment insurance [1478]*1478benefits because she voluntarily left her employment without good cause.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left her employment as a medical secretary at a physician’s office without good cause. Claimant quit the job after five days, complaining to the physician that the office manager was “very bossy, loud [and] intimidating.” It is well settled, however, that an employee’s inability to get along with a supervisor does not constitute good cause for leaving his or her employment (see Matter of Markaj [Commissioner of Labor], 119 AD3d 1267, 1267 [2014]; Matter of Bielak [Commissioner of Labor], 105 AD3d 1226, 1226 [2013]). Moreover, the physician stated that the office manager was “firm” but had never behaved in a rude or demeaning way, and claimant’s vague testimony to the contrary created a credibility issue for the Board to resolve (see Matter of Crandall-Mars [Commissioner of Labor], 47 AD3d 1179, 1180 [2008]; Matter of Micara [Commissioner of Labor], 307 AD2d 568, 569 [2003]).

Peters, EJ., Stein, Garry, Egan Jr. and Devine, JJ., concur.

Ordered that the decision is affirmed, without costs.

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Bluebook (online)

121 A.D.3d 1477, 994 N.Y.S.2d 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-feldstein-nyappdiv-2014.

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