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 Joaquin VIRUET, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 16, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left his employment as a maintenance supervisor without good cause. Although claimant testified to being overworked due to a reduction in staff, he accepted the increased work load for over a year until he was eligible to receive Social Security benefits. Dissatisfaction with one's work responsibilities can be held not to constitute good cause for leaving employment, particularly where, as here, the increase in responsibilities was accepted for an extended period of time (see, Matter of Eck [Commissioner of Labor], 279 A.D.2d 690, 717 N.Y.S.2d 789; Matter of Stoddard [Sweeney], 242 A.D.2d 817, 661 N.Y.S.2d 885). Furthermore, the record establishes that claimant waited to resign until he was eligible for Social Security benefits (see, e.g., Matter of Grossman [Levine], 51 A.D.2d 853, 380 N.Y.S.2d 337). Claimant's remaining contention has been reviewed and found 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: November 21, 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)