In re the Claim of Hoffman

Appellate Division of the Supreme Court of New York

In re the Claim of Hoffman

209 A.D.2d 802, 618 N.Y.S.2d 974, 1994 N.Y. App. Div. LEXIS 11111

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

DecidedNovember 10, 1994

StatusPublished

This text of 209 A.D.2d 802 (In re the Claim of Hoffman) 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 Hoffman, 209 A.D.2d 802, 618 N.Y.S.2d 974, 1994 N.Y. App. Div. LEXIS 11111 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 21, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Substantial evidence exists to support the Board’s decision that claimant voluntarily left her employment without good cause, thereby disqualifying her from receiving unemployment insurance benefits. Claimant quit her job when the employer’s president asked her to repeat an instruction as many as three times to make sure that it was understood by claimant. Testimony reveals that, under the circumstances, this was a reasonable request by the president. In addition, failing to get along with a supervisor does not constitute good cause for leaving one’s employment. To the extent claimant’s testimony differs from the testimony of the employer’s witnesses, this merely presented a credibility question for the Board to resolve.

Mikoll, J. P., Crew III, Casey 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 October 21, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Substantial evidence exists to support the Board’s decision that claimant voluntarily left her employment without good cause, thereby disqualifying her from receiving unemployment insurance benefits. Claimant quit her job when the employer’s president asked her to repeat an instruction as many as three times to make sure that it was understood by claimant. Testimony reveals that, under the circumstances, this was a reasonable request by the president. In addition, failing to get along with a supervisor does not constitute good cause for leaving one’s employment. To the extent claimant’s testimony differs from the testimony of the employer’s witnesses, this merely presented a credibility question for the Board to resolve.

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

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Bluebook (online)

209 A.D.2d 802, 618 N.Y.S.2d 974, 1994 N.Y. App. Div. LEXIS 11111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-hoffman-nyappdiv-1994.