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Matter of Rieth

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 650 (N.Y. App. Div. 1997)

Opinion

April 3, 1997


Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 23, 1995, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant was employed as a sales associate in a retail store. She and the store manager shared the job of depositing the store's daily receipts in the bank. When the employer became aware that some of the deposits had been made late or were missing altogether, claimant and the manager were questioned regarding the irregularities. Approximately six weeks later, the manager confessed to having mishandled the deposits and resigned. Claimant was in no way implicated and was asked to continue in her employment. When claimant was notified of the manager's resignation she also resigned, asserting that her integrity had been unfairly impugned during the employer's previous investigation. The Unemployment Insurance Appeal Board subsequently ruled that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause and claimant was charged with a recoverable overpayment. We affirm.

Claimant did not resign her employment until six weeks after she was questioned regarding the financial irregularities at the employer's store, thereby discrediting her contention that this incident constituted a compelling reason for leaving her employment ( see, Matter of Brabson [Hudacs], 195 A.D.2d 681; Matter of Hogan [Schenectady Discount Corp. — Levine], 50 A.D.2d 650). We have examined claimant's remaining contentions and find them to be without merit.

Cardona, P.J., Mikoll, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Rieth

Appellate Division of the Supreme Court of New York, Third Department
Apr 3, 1997
238 A.D.2d 650 (N.Y. App. Div. 1997)
Case details for

Matter of Rieth

Case Details

Full title:In the Matter of the Claim of JANICE M. RIETH, Appellant. JOHN E. SWEENEY…

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

Date published: Apr 3, 1997

Citations

238 A.D.2d 650 (N.Y. App. Div. 1997)
655 N.Y.S.2d 684

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