In re the Claim of Walker

Appellate Division of the Supreme Court of New York

In re the Claim of Walker

228 A.D.2d 849, 644 N.Y.2d 360, 644 N.Y.S.2d 360, 1996 N.Y. App. Div. LEXIS 6694

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

DecidedJune 13, 1996

StatusPublished

Cited by1 cases

This text of 228 A.D.2d 849 (In re the Claim of Walker) 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 Walker, 228 A.D.2d 849, 644 N.Y.2d 360, 644 N.Y.S.2d 360, 1996 N.Y. App. Div. LEXIS 6694 (N.Y. Ct. App. 1996).

Pincite

Opinion

Claimant worked as an assistant manager at a retail store. She resigned from her position after it was eliminated and she was assigned to the position of sales clerk. Claimant was denied unemployment insurance benefits on the basis that she voluntarily left her employment without good cause. Claimant argues, inter alia, that she was justified in leaving her position because she was not reasonably suited for it by training and experience. We find this argument to be unpersuasive. There was testimony at the hearing that the employer eliminated claimant’s position as assistant manager and changed to a system of comanagers due to problems with employee morale and accountability. Claimant was assigned to the position of sales clerk performing many of the same duties that she had as assistant manager and receiving the same compensation. In view of this, we find that the Board’s decision that claimant voluntarily left her employment without good cause is supported by substantial evidence. We have considered claimant’s remaining claim and find it to be without merit.

Mikoll, J. P., Mercure, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Claimant worked as an assistant manager at a retail store. She resigned from her position after it was eliminated and she was assigned to the position of sales clerk. Claimant was denied unemployment insurance benefits on the basis that she voluntarily left her employment without good cause. Claimant argues, inter alia, that she was justified in leaving her position because she was not reasonably suited for it by training and experience. We find this argument to be unpersuasive. There was testimony at the hearing that the employer eliminated claimant’s position as assistant manager and changed to a system of comanagers due to problems with employee morale and accountability. Claimant was assigned to the position of sales clerk performing many of the same duties that she had as assistant manager and receiving the same compensation. In view of this, we find that the Board’s decision that claimant voluntarily left her employment without good cause is supported by substantial evidence. We have considered claimant’s remaining claim and find it to be without merit.

Mikoll, J. P., Mercure, White, Yesawich Jr. and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

228 A.D.2d 849, 644 N.Y.2d 360, 644 N.Y.S.2d 360, 1996 N.Y. App. Div. LEXIS 6694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-walker-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack