In re the Claim of Spencer

Appellate Division of the Supreme Court of New York

In re the Claim of Spencer

213 A.D.2d 958, 624 N.Y.S.2d 306, 1995 N.Y. App. Div. LEXIS 3338

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

DecidedMarch 30, 1995

StatusPublished

This text of 213 A.D.2d 958 (In re the Claim of Spencer) 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 Spencer, 213 A.D.2d 958, 624 N.Y.S.2d 306, 1995 N.Y. App. Div. LEXIS 3338 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 9, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant was employed as an assistant manager by a hotel. [959]*959As a result of difficulties with her immediate supervisor concerning her work evaluation, claimant was asked to attend a meeting with other personnel, including the general manager of the hotel. Claimant asked to be allowed to tape record the meeting. This request was refused, with the general manager stating that claimant should leave if she felt she could not speak without the tape recorder. Claimant left the meeting and did not return to work thereafter. Testimony indicated that claimant had not been discharged by the employer and that she had been expected to report to work the next day. We find substantial evidence to support the Board’s determination that it was reasonable for the employer not to allow claimant’s meeting to be recorded and that, by choosing not to attend the meeting and failing to return to work, claimant voluntarily left her employment without good cause.

Cardona, P. J., Crew III, White, Casey 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 November 9, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant was employed as an assistant manager by a hotel. [959]*959As a result of difficulties with her immediate supervisor concerning her work evaluation, claimant was asked to attend a meeting with other personnel, including the general manager of the hotel. Claimant asked to be allowed to tape record the meeting. This request was refused, with the general manager stating that claimant should leave if she felt she could not speak without the tape recorder. Claimant left the meeting and did not return to work thereafter. Testimony indicated that claimant had not been discharged by the employer and that she had been expected to report to work the next day. We find substantial evidence to support the Board’s determination that it was reasonable for the employer not to allow claimant’s meeting to be recorded and that, by choosing not to attend the meeting and failing to return to work, claimant voluntarily left her employment without good cause.

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

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Bluebook (online)

213 A.D.2d 958, 624 N.Y.S.2d 306, 1995 N.Y. App. Div. LEXIS 3338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-spencer-nyappdiv-1995.