Opinion
2014-10-2
In the Matter of the Claim of Michelle WEEDEN, Appellant. v. SC CHOICE MANAGEMENT CORP./SC of Upstate NY, Doing Business as Smoker's Choice, Respondent. Commissioner of Labor, Respondent.
Michelle Weeden, Sidney Circle, appellant pro se. Kalter, Kaplan, Zeiger & Forman, Woodbourne (Ivan Kalter of counsel), for SC Choice Management Corp./SC of Upstate NY, respondent.
Michelle Weeden, Sidney Circle, appellant pro se.Kalter, Kaplan, Zeiger & Forman, Woodbourne (Ivan Kalter of counsel), for SC Choice Management Corp./SC of Upstate NY, respondent.
Eric T. Schneiderman, Attorney General, New York City (Linda D. Joseph of counsel), for Commissioner of Labor, respondent.
Before: LAHTINEN, J.P., STEIN, EGAN JR., LYNCH and CLARK, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 20, 2012, which, among other things, ruled that claimant was disqualified from receiving emergency unemployment compensation benefits because she voluntarily left her employment without good cause.
Claimant had previously worked for the employer, and returned to its employ in January 2011 as a district manager. Claimant resigned from that position in May 2011, and thereafter received federally-funded emergency unemployment compensation (hereinafter EUC) benefits ( seePub. L. 110–252, tit. IV, § 4001 et seq., 122 U.S. Stat. 2323; Matter of Strujan [Commissioner of Labor], 111 A.D.3d 1239, 1239, 975 N.Y.S.2d 705 [2013] ). The Unemployment Insurance Appeal Board ultimately disqualified claimant from receiving benefits on the ground that she voluntarily left her employment without good cause and charged her with a recoverable overpayment of EUC benefits. Claimant now appeals.
We affirm. Substantial evidence supports the Board's decision that claimant lacked good cause to leave her employment ( see Matter of Malone [Commissioner of Labor], 117 A.D.3d 1306, 1306, 985 N.Y.S.2d 772 [2014]; Matter of Morales [Argosy Intl., Inc.-Commissioner of Labor], 117 A.D.3d 1277, 1277, 985 N.Y.S.2d 343 [2014] ). The Board was free to, and did, reject claimant's disputed testimony that she resigned as a result of unaddressed harassment by her supervisor ( see Matter of Morales [Argosy Intl., Inc.-Commissioner of Labor], 117 A.D.3d at 1277–1278, 985 N.Y.S.2d 343). Claimant's other complaints amounted to dissatisfaction with her pay and general working conditions, which did not constitute good cause for her resignation ( see Matter of Tineo [Commissioner of Labor], 117 A.D.3d 1307, 1308, 985 N.Y.S.2d 773 [2014]; Matter of Tanvir [New York City Health & Hosps. Corp.-Commissioner of Labor], 87 A.D.3d 773, 774, 930 N.Y.S.2d 83 [2011] ).
Further, “claimant was afforded a sufficient opportunity to present proof in support of her claim” despite the refusal of the Administrative Law Judge to consider testimony of dubious relevance regarding her prior work with the employer (Matter of Lieber [Ross], 46 N.Y.2d 867, 868, 414 N.Y.S.2d 675, 387 N.E.2d 607 [1979]; seeLabor Law § 622[2]; Matter of Valentin [American Museum of Natural History–Roberts], 103 A.D.2d 919, 919, 478 N.Y.S.2d 160 [1984] ).
ORDERED that the decision is affirmed, without costs.