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IN RE: the Claim of Melissa A. DE RUBY, Appellant. Commissioner of Labor, Respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 26, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant, an account administrator for a bank, met with several high ranking bank officials and explained her dissatisfaction with her manager and her recent performance evaluation. During the meeting, one of the bank officials raised his voice to claimant. The following day, claimant submitted a resignation letter effective July 3, 2003. Thereafter, claimant agreed with the employer's suggestion that she leave prior to the date indicated in her resignation letter.
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board ruling that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Neither criticism of one's job performance nor failure to get along with one's supervisor who is perceived as unduly harsh or critical constitutes good cause for leaving employment (see Matter of Emeterio [Commissioner of Labor], 1 A.D.3d 869, 767 N.Y.S.2d 291 [2003]; Matter of Grayson [Commissioner of Labor], 288 A.D.2d 599, 600, 732 N.Y.S.2d 291 [2001]; Matter of Grippi [Commissioner of Labor], 257 A.D.2d 883, 684 N.Y.S.2d 666 [1999] ). Moreover, the record demonstrates that claimant could have remained in her job until the end of her notice period. Any conflict regarding the manner in which her employment ultimately ended created a credibility issue for the Board to resolve (see Matter of Zakrzewski [Commissioner of Labor], 305 A.D.2d 790, 760 N.Y.S.2d 247 [2003]; Matter of Williams [Commissioner of Labor], 297 A.D.2d 857, 747 N.Y.S.2d 255 [2002] ). Claimant's remaining contentions have been reviewed and found to be without merit.
ORDERED that the decision is affirmed, without costs.
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Decided: September 16, 2004
Court: Supreme Court, Appellate Division, Third Department, New York.
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