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IN RE: the Claim of Pamela J. KRINSKY, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 21, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant, a head bank teller, became an employee of Astoria Federal Savings Bank after claimant's former employer and Astoria Bank (hereinafter the employer) merged. Approximately two weeks after the merger, claimant's employer placed her on probation for three months due to various incidents of insubordination and unprofessional leadership style. Claimant, feeling that she was being harassed and fearing termination, informed her employer that she was resigning.
It is well settled that neither a supervisor's criticism of an employee's work product (see, Matter of Mielewski [Sweeney], 227 A.D.2d 805, 642 N.Y.S.2d 437) nor quitting in anticipation of discharge (see, Matter of Chick [Hudacs], 209 A.D.2d 812, 618 N.Y.S.2d 481) constitutes good cause for leaving employment. Additionally, claimant's contention that her medical condition caused her to leave her employment is without merit inasmuch as claimant's physician never advised her to resign from her position (see, Matter of Cooper [Sweeney], 232 A.D.2d 678, 648 N.Y.S.2d 181). We find that the Unemployment Insurance Appeal Board's decision that claimant voluntarily left her employment without good cause is supported by substantial evidence and must be affirmed.
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: April 03, 1997
Court: Supreme Court, Appellate Division, Third Department, New York.
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