IN RE: the Claim of Ronald A. FUNK (2002)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed February 1, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant worked at the employer's knitting factory for almost 17 years.   He resigned in February 2001 based upon his perception that “inept management” on the part of the employer was leading to the destruction of the business and the end of his employment.   Claimant further testified that this perception caused him to suffer from severe depression.

 Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant left his employment for personal and noncompelling reasons.   In general, a claimant's perception that the employing business is likely to fail may not constitute good cause for leaving employment (see Matter of Joseph [Sweeney], 241 A.D.2d 679, 660 N.Y.S.2d 84), nor may a claimant's anticipation that his or her discharge is imminent (see Matter of Palmitesso [Castado-Commissioner of Labor], 253 A.D.2d 976, 977, 678 N.Y.S.2d 159).   Although the record includes evidence that claimant was treated for severe depression several months after he quit his job, the assertion that claimant's mental condition at the time of his resignation rendered him unable to continue working is undermined by the lack of supporting medical evidence (see Matter of Neville [Commissioner of Labor], 264 A.D.2d 918, 695 N.Y.S.2d 211;  Matter of Posner [Sweeney], 222 A.D.2d 925, 635 N.Y.S.2d 342).   Claimant's remaining contentions have been examined and found to be without merit.

ORDERED that the decision is affirmed, without costs.