In re the Claim of Harp

Appellate Division of the Supreme Court of New York

In re the Claim of Harp

202 A.D.2d 876, 610 N.Y.S.2d 882, 1994 N.Y. App. Div. LEXIS 2804

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

DecidedMarch 24, 1994

StatusPublished

This text of 202 A.D.2d 876 (In re the Claim of Harp) 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 Harp, 202 A.D.2d 876, 610 N.Y.S.2d 882, 1994 N.Y. App. Div. LEXIS 2804 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 4, 1992, which ruled that claimant was entitled to receive unemployment insurance benefits.

There is substantial evidence in the record to support the Board’s decision that claimant, a teacher, did not voluntarily leave his employment without good cause when he resigned before a denial of tenure could be issued by the employer. Claimant’s employment was to have otherwise ended after only three additional working days and the option of continuing employment on probation was not offered to claimant. The Board found that if claimant had not resigned when he did, he would have been formally denied tenure and this stigma [877]*877would have been a permanent disadvantage for him in seeking new employment. The Board rationally found that a purported resignation is not truly voluntary where it merely amounts to an acceptance of dismissal and also serves as a protective measure with regard to the employment record.

Cardona, P. J., Crew III, Casey, Weiss and Peters, 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 November 4, 1992, which ruled that claimant was entitled to receive unemployment insurance benefits.

There is substantial evidence in the record to support the Board’s decision that claimant, a teacher, did not voluntarily leave his employment without good cause when he resigned before a denial of tenure could be issued by the employer. Claimant’s employment was to have otherwise ended after only three additional working days and the option of continuing employment on probation was not offered to claimant. The Board found that if claimant had not resigned when he did, he would have been formally denied tenure and this stigma [877]*877would have been a permanent disadvantage for him in seeking new employment. The Board rationally found that a purported resignation is not truly voluntary where it merely amounts to an acceptance of dismissal and also serves as a protective measure with regard to the employment record.

Cardona, P. J., Crew III, Casey, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

202 A.D.2d 876, 610 N.Y.S.2d 882, 1994 N.Y. App. Div. LEXIS 2804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-harp-nyappdiv-1994.