Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: the Claim of Stanley D. CROUGHTER, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 2, 2007, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
Claimant worked as the director of administrative services for the employer until he resigned in March 2006. The Unemployment Insurance Appeal Board ultimately denied claimant's application for unemployment insurance benefits on the basis that he voluntarily left his employment without good cause. Claimant appeals.
We affirm. The record reveals that claimant resigned shortly after the employer placed him on administrative leave with full pay pending an investigation into complaints of inappropriate conduct. At the time, claimant cited family and health problems as reasons for his resignation. Later, claimant indicated that job stress and his belief that he was about to be fired contributed to his decision to resign. However, inasmuch as neither job stress, in the absence of evidence that it was medically necessary to leave (see Matter of Viohl [Commissioner of Labor], 32 A.D.3d 647, 648, 820 N.Y.S.2d 183 [2006]; Matter of Romano [Commissioner of Labor], 30 A.D.3d 953, 954, 817 N.Y.S.2d 737 [2006] ), nor the anticipation of a future discharge constitutes good cause for leaving one's employment (see Matter of Cole [Commissioner of Labor], 45 A.D.3d 1229, 1230, 846 N.Y.S.2d 741 [2007]; Matter of Kabayiza [Commissioner of Labor], 22 A.D.3d 1014, 1015, 802 N.Y.S.2d 567 [2005] ), substantial evidence exists to support the Board's decision.
To the extent that claimant alleged that he was forced to resign, a credibility issue was created for the Board to resolve (see Matter of Di Febbo [Commissioner of Labor], 243 A.D.2d 804, 805, 662 N.Y.S.2d 932 [1997] ). Claimant's remaining contentions have been reviewed and determined to be without merit.
ORDERED that the decision is affirmed, without costs.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 17, 2008
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)