Opinion
2011-12-22
In the Matter of Roxanne M. CARCATERRA, Appellant.Association for Computing Machinery, Inc., Respondent.Commissioner of Labor, Respondent.
Ranni Law Firm, Florida (Joseph J. Ranni of counsel), for appellant. Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., New York City (Aaron H. Crowell of counsel), for Association for Computing Machinery, Inc., respondent.
Ranni Law Firm, Florida (Joseph J. Ranni of counsel), for appellant. Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., New York City (Aaron H. Crowell of counsel), for Association for Computing Machinery, Inc., respondent. Eric T. Schneiderman, Attorney General, New York City (Dawn A. Foshee of counsel), for Commissioner of Labor, respondent.Before: PETERS, J.P., LAHTINEN, MALONE JR., McCARTHY and EGAN, JR., JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 12, 2010, which ruled, among other things, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant worked as a publications manager for a nonprofit association that provides educational resources to computer professionals. When her duties were changed due to restructuring, she became dissatisfied with her position and feared that it would eventually be eliminated or that she would be terminated. As a result, she decided to leave her job under a severance agreement. She filed a claim for unemployment insurance benefits, but the Unemployment Insurance Appeal Board ruled, among other things, that she was disqualified from receiving them because she voluntarily left her employment without good cause. Claimant appeals.
We affirm. Dissatisfaction with one's job duties ( see Matter of Harris [Commissioner of Labor], 71 A.D.3d 1223, 1224, 897 N.Y.S.2d 533 [2010]; Matter of Paino [Commissioner of Labor], 27 A.D.3d 820, 820, 809 N.Y.S.2d 692 [2006] ) or quitting a job in anticipation of discharge ( see Matter of Dixon–Weaver [Commissioner of Labor], 67 A.D.3d 1243, 1244, 890 N.Y.S.2d 142 [2009]; Matter of Ruggiero [Commissioner of Labor], 63 A.D.3d 1477, 1478, 881 N.Y.S.2d 552 [2009] ) have been held not to constitute good cause for leaving one's employment. Here, claimant's unhappiness with her new job duties and concern over possibly losing her job were the factors motivating her to enter into the severance agreement. Although she stated that she had no choice but to sign the agreement as the employer refused to address her complaints, this presented a credibility issue for the Board to resolve ( see Matter of Doyle [Commissioner of Labor], 78 A.D.3d 1417, 1418, 910 N.Y.S.2d 325 [2010]; Matter of DeGennaro [Commissioner of Labor], 68 A.D.3d 1274, 1275, 890 N.Y.S.2d 174 [2009] ). Therefore, we find no reason to disturb the Board's decision.
ORDERED that the decision is affirmed, without costs.