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 Colin T. SHAFFER, Appellant. Victory Van Lines, Respondent. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 19, 1997, which, upon reconsideration, adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
We find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left his employment without good cause following a dispute with one of his supervisors who then, over the next few days, allegedly spoke to claimant in a sarcastic and critical manner. Criticism by a supervisor does not necessarily constitute good cause for leaving one's employment, even where harsh words are used or the supervisor is perceived as unduly critical (see, Matter of Viruet [McKenzie, McGhee & Harper-Sweeney], 245 A.D.2d 707, 666 N.Y.S.2d 310). There is evidence in the record demonstrating that claimant's job was not in jeopardy and continuing work was available to him (see, Matter of Hargrove [Hudacs], 192 A.D.2d 948, 597 N.Y.S.2d 195). The record indicates that the employer's managerial staff almost immediately held a meeting to try to resolve the matter and the employer's general manager testified that claimant affirmatively stated at that time that it was in his best interest to resign because of the dispute. Although claimant's testimony conflicted with this version, the matter merely raised a credibility issue that the Board was free to resolve in the employer's favor (see, Matter of Singh [Sweeney], 247 A.D.2d 666, 668 N.Y.S.2d 507). We have considered claimant's remaining arguments and find them to be unpersuasive.
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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: January 28, 1999
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)