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 Gloria F. CRANSTON, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 22, 2001, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Near the end of an authorized bereavement leave, claimant notified her employer through a friend that her return to work would be delayed due to a second death in the family. Claimant's supervisor testified that the friend was told that claimant would have to notify the employer personally regarding the anticipated date of her return to work and that her failure to do so could affect her continued employment. When claimant neglected to contact the employer, her position was terminated.
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant left her employment under disqualifying circumstances. It has been held that an employee's failure to return to work or to contact the employer after the expiration of an authorized leave of absence may disqualify the employee from receiving unemployment insurance benefits (see, Matter of Alvarado [Commissioner of Labor], 273 A.D.2d 563, 564, 708 N.Y.S.2d 748; Matter of Nikkhah [Commissioner of Labor], 264 A.D.2d 896, 897, 697 N.Y.S.2d 353) and that the failure to contact an employer under such circumstances constitutes neglect on the employee's part to take reasonable steps to protect his or her employment (see, Matter of Murphy [Commissioner of Labor], 264 A.D.2d 877, 878, 694 N.Y.S.2d 531).
Discrepancies between the testimony proffered by claimant and that of the witnesses testifying for the employer gave rise to issues of credibility for resolution by the Board (see, Matter of Gillette [Commissioner of Labor], 264 A.D.2d 877, 694 N.Y.S.2d 532). Claimant's remaining contentions have been examined 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: May 09, 2002
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)