IN RE: the Claim of Jeffrey W. KOGUT (1998)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 30, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant was employed as a mechanic at an automobile repair shop.   During the last six weeks of his employment, claimant was paid on a commission basis.   Claimant left his employment after he realized that based upon the hours he worked, the commission he earned averaged less than minimum wage.   Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits.   It has been held that dissatisfaction with one's wages does not constitute good cause for leaving employment, particularly where, as here, the claimant fails to protect his or her employment by informing the employer of the concern prior to resigning (see, Matter of Gatza [Sweeney], 247 A.D.2d 747, 748, 669 N.Y.S.2d 70, 71;   Matter of Abrams [Sweeney], 240 A.D.2d 833, 658 N.Y.S.2d 541).   The Board's decision that claimant voluntarily left his employment without good cause is accordingly affirmed.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.