In re the Claim of Kogut

Appellate Division of the Supreme Court of New York

In re the Claim of Kogut

255 A.D.2d 679, 679 N.Y.S.2d 735, 1998 N.Y. App. Div. LEXIS 11668

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

DecidedNovember 5, 1998

StatusPublished

Cited by2 cases

This text of 255 A.D.2d 679 (In re the Claim of Kogut) 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 Kogut, 255 A.D.2d 679, 679 N.Y.S.2d 735, 1998 N.Y. App. Div. LEXIS 11668 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 30, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was employed as a mechanic at an automobile repair shop. During the last six weeks of his employment, claimant was paid on a commission basis. Claimant left his employment after he realized that based upon the hours he worked, the commission he earned averaged less than minimum wage. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits. It has been held that dissatisfaction with one’s wages does not constitute good cause for [680]*680leaving employment, particularly where, as here, the claimant fails to protect his or her employment by informing the employer of the concern prior to resigning (see, Matter of Gatza [Sweeney], 247 AD2d 747, 748; Matter of Abrams [Sweeney], 240 AD2d 833). The Board’s decision that claimant voluntarily left his employment without good cause is accordingly affirmed.

Cardona, P. J., Mikoll, Crew III, White and Yesawich Jr., 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 January 30, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was employed as a mechanic at an automobile repair shop. During the last six weeks of his employment, claimant was paid on a commission basis. Claimant left his employment after he realized that based upon the hours he worked, the commission he earned averaged less than minimum wage. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits. It has been held that dissatisfaction with one’s wages does not constitute good cause for [680]*680leaving employment, particularly where, as here, the claimant fails to protect his or her employment by informing the employer of the concern prior to resigning (see, Matter of Gatza [Sweeney], 247 AD2d 747, 748; Matter of Abrams [Sweeney], 240 AD2d 833). The Board’s decision that claimant voluntarily left his employment without good cause is accordingly affirmed.

Cardona, P. J., Mikoll, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

255 A.D.2d 679, 679 N.Y.S.2d 735, 1998 N.Y. App. Div. LEXIS 11668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-kogut-nyappdiv-1998.

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