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IN RE: the Claim of Laura M. BAXTER, Appellant. John E. Sweeney, as Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 5, 1996, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant resigned from her employment as the office manager of a law firm after one of her employers criticized her job performance. Substantial evidence supports the ruling of the Unemployment Insurance Appeal Board that claimant left her employment for personal, noncompelling reasons. Criticism of an employee's work by his or her employer does not constitute good cause for leaving one's employment (see, Matter of Yang [Sweeney], 233 A.D.2d 656, 649 N.Y.S.2d 740; Matter of Lucas [Dominican Sisters of Newburgh-Sweeney], 213 A.D.2d 960, 624 N.Y.S.2d 312). The conflict in testimony between claimant's assertion that she was fired and that of the employer who asserted that claimant voluntarily resigned presented an issue of credibility for resolution by the Board (see, Matter of Bradley [Hudacs], 190 A.D.2d 949, 593 N.Y.S.2d 596).
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: November 06, 1997
Court: Supreme Court, Appellate Division, Third Department, New York.
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