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Matter of Loria

Appellate Division of the Supreme Court of New York, Third Department
Oct 29, 1998
254 A.D.2d 676 (N.Y. App. Div. 1998)

Opinion

October 29, 1998

Appeal from the Unemployment Insurance Appeal Board


Claimant was employed as a part-time restaurant server. When the employer's general manager suspected that claimant was engaging in a personal telephone call, he instructed her that the employer's telephone was to be used for business and emergency purposes only. Claimant felt humiliated by the accusation and resigned from her employment. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause. Criticism by a supervisor has been held not to 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; Matter of Toth [Sweeney], 244 A.D.2d 752). We have reviewed claimant's remaining contentions and find them to be lacking in merit.

Crew III, J. P., Peters, Spain, Carpinello and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Loria

Appellate Division of the Supreme Court of New York, Third Department
Oct 29, 1998
254 A.D.2d 676 (N.Y. App. Div. 1998)
Case details for

Matter of Loria

Case Details

Full title:In the Matter of the Claim of ROSEMARIE LORIA, Appellant. COMMISSIONER OF…

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

Date published: Oct 29, 1998

Citations

254 A.D.2d 676 (N.Y. App. Div. 1998)
679 N.Y.S.2d 204

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