Matter of Shaw

6 Citing cases

  1. Murphy v. Fascio

    115 R.I. 33 (R.I. 1975)   Cited 6 times
    In Murphy the former employee terminated her position in order to marry and relocate to another state, Murphy, 115 R.I. at 34, 340 A.2d at 138, and we held this to be a termination without good cause.

    A number of jurisdictions with statutes providing for unemployment compensation which resemble the Employment Security Act have adopted the position that "good cause" does not encompass terminating employment to marry. See, e.g., Cooper v. Doyal, 205 So.2d 59 (La. App. 1967); Moore v. Bureau of Unemployment Compensation, 73 Ohio App. 362, 56 N.E.2d 520 (1943); Wood v. Unemployment Compensation Board of Review, 204 Pa. Super. 387, 204 A.2d 294 (1964); but see Shaw v. Lubin, 5 N.Y.2d 1014, 158 N.E.2d 128, 185 N.Y.S.2d 267 (1959). The petition for certiorari is denied and dismissed, the writ heretofore issued is quashed, and the records certified to this court are ordered sent back to the Superior Court with our decision endorsed thereon.

  2. Raytheon Co. v. Director of Division of Emp. Security

    182 N.E.2d 293 (Mass. 1962)   Cited 10 times

    That there is force in this argument cannot be denied. It would seem onerous to penalize an employer, who has work available, by increasing the charges that he must pay into the fund by reason of unemployment resulting from an act of his employee over which the employer has no control. But this argument, however appealing, cannot override what seems to us to be the clearly expressed legislative intent. If as a result of this construction the consequences to employers are unduly harsh, the remedy must come from the Legislature. The case law is in conflict as to whether voluntarily leaving employment to join one's husband is good personal cause. It has been held to be such in Matter of Shaw, 6 App. Div.2d (N.Y.) 354, affd. in 5 N.Y.2d 1014 (without opinion), Berry, Whitson Berry v. Division of Employment Security, 21 N.J. 73, Teicher Unemployment Compensation Case, 154 Pa. Super. 250, Sturdevant Unemployment Compensation Case, 158 Pa. Super. 548, and Mills Unemployment Compensation Case, 164 Pa. Super. 421 (revd. in 362 Pa. 342 on other grounds).

  3. Matter of Nonnon

    74 A.D.2d 943 (N.Y. App. Div. 1980)   Cited 5 times

    Sometimes, as the foregoing matters illustrate, a claimant's decision to leave rests on trivial or unsupportable reasons which are termed "personal" or not "truly compelling". Yet it is also true that those reasons need not always relate directly to working conditions (see e.g., Matter of Aronson [Montefiore Hosp. Med. Center — Levine], 36 N.Y.2d 891, revg 43 A.D.2d 628 [apprehension of injury while commuting]; Matter of Fleischmann [Rochester Gen. Hosp. — Levine], 43 A.D.2d 624 [desire to return to hometown]; Matter of Shaw [General Mut. Ins. Co. — Lubin], 6 A.D.2d 354, affd 5 N.Y.2d 1014 [marriage]). In the final analysis, the board must construe the meaning of "good cause" as it applies to the circumstances of a particular case.

  4. Matter of Fleischmann

    43 A.D.2d 624 (N.Y. App. Div. 1973)   Cited 3 times

    Good cause may exist because of conditions which do not have a direct bearing on the work itself providing it has a reasonable foundation such as illness or other events of important personal consequence to the worker. ( Matter of Shaw [ General Mut. Ins. Co. — Lubin], 6 A.D.2d 354, affd. 5 N.Y.2d 1014.) Section 623 Lab. of the Labor Law provides that "A decision of the appeal board shall be final on all questions of fact and, unless appealed from, shall be final on all questions of law.

  5. Matter of Russo

    18 A.D.2d 846 (N.Y. App. Div. 1963)   Cited 2 times

    HERLIHY, J. (dissenting). The finding that claimant did not leave his job to follow his wife to another locality but rather that he moved his family to Florida to provide proper care for his children is not sufficient to constitute good cause for his "quit" and establishes a precedent not in accord with the Unemployment Insurance Law as changed after the decision in Matter of Shaw ( Lubin) ( 6 A.D.2d 354, affd. 5 N.Y.2d 1014). Furthermore, in the present case the record does not support the finding of the board. The board found that "Claimant was unable to make any arrangemnts for the care of his children with the result that it became necessary for him to attempt to persuade his wife to perform her maternal responsibilities and look after the children".

  6. Matter of Lauria

    18 A.D.2d 848 (N.Y. App. Div. 1963)   Cited 9 times

    Appeal from a decision of the Unemployment Insurance Appeal Board. Following the decision in Matter of Shaw ( Lubin) ( 6 A.D.2d 354, affd. 5 N.Y.2d 1014) the Legislature, by chapter 783 of the Laws of 1960, amended the Labor Law (§ 593, subd. 1, par. [b]) to provide that a disqualification for benefits shall apply after a claimant's voluntary separation due to his marriage; or due to "following his spouse to another locality". Claimant's husband had moved from New York to Florida for his health and claimant, who had accompanied him, thereafter came back to work in New York where she had been previously employed.