In re the Claim of Nunez

Appellate Division of the Supreme Court of New York

In re the Claim of Nunez

244 A.D.2d 742, 664 N.Y.S.2d 675, 1997 N.Y. App. Div. LEXIS 11779

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

DecidedNovember 20, 1997

StatusPublished

Cited by1 cases

This text of 244 A.D.2d 742 (In re the Claim of Nunez) 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 Nunez, 244 A.D.2d 742, 664 N.Y.S.2d 675, 1997 N.Y. App. Div. LEXIS 11779 (N.Y. Ct. App. 1997).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 4, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was employed for seven years as an export administrator for a manufacturer of medical supplies. He resigned after the employer’s president criticized him for failing to notify a customer in Ireland regarding the arrival date of a shipment. Claimant felt humiliated by this criticism which was uttered within the hearing of his fellow employees. The Unemployment Insurance Appeal Board ruled that claimant had left his employment for personal and noncompelling reasons. We affirm. Criticism of an employee’s job performance [743]*743by his or her supervisor has been found not to constitute good cause for leaving employment (see, Matter of Feng Yen Yang [Sweeney], 233 AD2d 656). The discrepancies between claimant’s testimony and that of the employer raised issues of credibility for resolution by the Board (see, Matter of Ferrugia [AAA Acc. Ins.—Sweeney], 233 AD2d 742).

Cardona, P. J., Mikoll, Peters, Spain and Carpinello, 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 May 4, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was employed for seven years as an export administrator for a manufacturer of medical supplies. He resigned after the employer’s president criticized him for failing to notify a customer in Ireland regarding the arrival date of a shipment. Claimant felt humiliated by this criticism which was uttered within the hearing of his fellow employees. The Unemployment Insurance Appeal Board ruled that claimant had left his employment for personal and noncompelling reasons. We affirm. Criticism of an employee’s job performance [743]*743by his or her supervisor has been found not to constitute good cause for leaving employment (see, Matter of Feng Yen Yang [Sweeney], 233 AD2d 656). The discrepancies between claimant’s testimony and that of the employer raised issues of credibility for resolution by the Board (see, Matter of Ferrugia [AAA Acc. Ins.—Sweeney], 233 AD2d 742).

Cardona, P. J., Mikoll, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

244 A.D.2d 742, 664 N.Y.S.2d 675, 1997 N.Y. App. Div. LEXIS 11779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-nunez-nyappdiv-1997.

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