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 Laura D. RADULESCU, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 3, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant, employed as a shipping supervisor, resigned from her employment after she lost her ride to work because she believed the lengthy commute involved in using public transportation was unduly onerous. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. It is well settled that “one who accepts employment knowing the conditions thereof cannot later invoke those conditions to demonstrate good cause for leaving such employment” (Matter of Epps [Commissioner of Labor], 276 A.D.2d 997, 998, 715 N.Y.S.2d 89; see, Matter of Dunn [Sweeney], 243 A.D.2d 798, 662 N.Y.S.2d 931). Inasmuch as claimant was aware of the distance between her residence and the employer's office at the time she accepted the position, we find no reason to disturb the Board's decision (see, Matter of Dunn [Sweeney], supra; Matter of Haxton [Sweeney], 232 A.D.2d 708, 647 N.Y.S.2d 878).
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: July 05, 2001
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)