From Casetext: Smarter Legal Research

In the Matter of the Claim of Scala

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 2000
278 A.D.2d 727 (N.Y. App. Div. 2000)

Opinion

December 21, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 2, 2000, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Maryanne G. Scala, Huntington, appellant in person.

Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.

Before: Cardona, P.J., Mercure, Carpinello and Rose, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment as a part-time telemarketer without good cause. Notwithstanding claimant's statement in her resignation letter that she was quitting in order to work for herself, the record indicates that claimant was dissatisfied with her salary and lack of benefits and sick days. It is well settled that dissatisfaction with one's employment and wages does not constitute good cause for leaving employment (see, Matter of Abrams [Sweeney], 240 A.D.2d 833). To the extent that claimant also maintains that she resigned because she was offered other employment at a stockbroker's office, such testimony was refuted by the stockbroker, thereby creating a credibility issue for resolution by the Board (see,Matter of Mondiello [New Times Sec. — Commissioner of Labor], 268 A.D.2d 762, 763). Inasmuch as the record establishes that continuing work was available to claimant, and that she declined the opportunity to return to her employment following her resignation, we find no reason to disturb the Board's decision.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of the Claim of Scala

Appellate Division of the Supreme Court of New York, Third Department
Dec 21, 2000
278 A.D.2d 727 (N.Y. App. Div. 2000)
Case details for

In the Matter of the Claim of Scala

Case Details

Full title:In the Matter of the Claim of MARYANNE G. SCALA, Appellant. COMMISSIONER…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 21, 2000

Citations

278 A.D.2d 727 (N.Y. App. Div. 2000)
718 N.Y.S.2d 244

Citing Cases

TENER CONSULTING SERV. v. FSA MAIN ST., LLC

Here, Defendants have followed the procedures for changing venue based on the lack of Plaintiff's residence…