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IN RE: the Claim of Carolyn A. GARDINER, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 21, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant was employed as a manager trainee for a restaurant chain until she left her employment claiming she feared for her life as a result of a conflict she had with another co-worker. Substantial evidence supports the ruling of the Unemployment Insurance Appeal Board finding claimant was disqualified from receiving benefits because she left her employment for personal and noncompelling reasons. Although fearing for one's safety may constitute reasonable cause for resigning, the record in this matter does not support claimant's contention that her physical well-being would have been jeopardized (see, Matter of Trella [Commissioner of Labor], 253 A.D.2d 970, 677 N.Y.S.2d 823; Matter of Torres [Sweeney], 241 A.D.2d 743, 660 N.Y.S.2d 192). Moreover, petitioner never made any effort to enlist the aid of her employer. In any event, inability to get along with one's co-worker does not constitute good cause for leaving one's employment (see, Matter of Ferrugia [Sweeney], 233 A.D.2d 742, 650 N.Y.S.2d 1006). We have considered petitioner's remaining arguments and conclude that they lack merit.
ORDERED that the decision is affirmed, without costs.
MEMORANDUM DECISION.
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Decided: May 11, 2000
Court: Supreme Court, Appellate Division, Third Department, New York.
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