Opinion
2012-01-5
In the Matter of the Claim of Paulette M. ZERRILLO, Appellant.Commissioner of Labor, Respondent.
Paulette M. Zerrillo, North Syracuse, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.
Paulette M. Zerrillo, North Syracuse, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Marjorie S. Leff of counsel), for respondent.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 23, 2010, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
Claimant worked as a customer service representative for a dental office for approximately two months, at which point she received a poor performance evaluation and was advised that if she did not improve her performance within 30 days she would be terminated. Believing that her termination was inevitable because she would not be able to improve her performance, claimant resigned on her next scheduled work day. The Unemployment Insurance Appeal Board thereafter denied claimant's application for unemployment insurance benefits on the ground that she voluntarily left her employment without good cause. Claimant now appeals.
It is well settled that quitting in response to criticism by a supervisor or in anticipation of discharge does not constitute good cause for leaving one's employment ( see Matter of Follett [Commissioner of Labor], 87 A.D.3d 1233, 1234, 930 N.Y.S.2d 87 [2011]; Matter of Hull [Commissioner of Labor], 77 A.D.3d 1012, 1013, 908 N.Y.S.2d 281 [2010]; Matter of Santiago [Commissioner of Labor], 308 A.D.2d 674, 674, 764 N.Y.S.2d 659 [2003]; Matter of Bradley [Hudacs], 190 A.D.2d 949, 950, 593 N.Y.S.2d 596 [1993] ). Based upon this record, we find that the Board's decision that claimant voluntarily left her employment without good cause is supported by substantial evidence and must be upheld ( see Matter of Seiglar [Commissioner of Labor], 51 A.D.3d 1118, 1118, 858 N.Y.S.2d 409 [2008]; Matter of Santiago [Commissioner of Labor], 308 A.D.2d at 674, 764 N.Y.S.2d 659).
ORDERED that the decision is affirmed, without costs.