From Casetext: Smarter Legal Research

In re the Claim of Toth

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 752 (N.Y. App. Div. 1997)

Opinion

November 20, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant resigned from her employment as a secretary after she was criticized by her supervisor for her failure to give advance notice of anticipated absences and was penalized with a two-day suspension from work without pay. The Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving benefits because she left her employment for personal and noncompelling reasons. We affirm. The inability to get along with a supervisor who is perceived as unduly critical has been found not to constitute good cause for leaving employment ( see, Matter of Mielewski [Sweeney], 227 A.D.2d 805, 806) as has resigning in order to avoid an anticipated discharge ( see, Matter of Wilson [Sweeney], 223 A.D.2d 903). The conflict between claimant's assertion that she was fired and that of her employer asserting that claimant voluntarily resigned presented an issue of credibility for resolution by the Board ( see, Matter of Bradley [Hudacs], 190 A.D.2d 949, 949-950).

Mikoll, J. P., White, Casey, Peters and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

In re the Claim of Toth

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 752 (N.Y. App. Div. 1997)
Case details for

In re the Claim of Toth

Case Details

Full title:In the Matter of the Claim of MARIA K. TOTH, Appellant. JOHN E. SWEENEY…

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

Date published: Nov 20, 1997

Citations

244 A.D.2d 752 (N.Y. App. Div. 1997)
664 N.Y.S.2d 489