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In re the Claim of Feng Yen Yang

Appellate Division of the Supreme Court of New York, Third Department
Nov 14, 1996
233 A.D.2d 656 (N.Y. App. Div. 1996)

Opinion

November 14, 1996.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 31, 1996, which, upon reconsideration, adhered to its prior decision ruling that claimant was ineligible for unemployment insurance benefits because she voluntarily left her employment without good cause.

Berore: Casey, J.P., Yesawich Jr., Peters, Spain and Carpinello, JJ.


Claimant was employed as an assistant designer for a garment manufacturer from January 1994 until April 1995 when she resigned from her position after an unpleasant encounter with her supervisor. Claimant testified that her supervisor became angered because claimant had not immediately carried out an order and had spoken to her sharply, uttering an obscenity. The Board subsequently determined that the supervisor's remark was a one-time occurrence that had been precipitated by the pressures of a heavy workload and that the profanity expressed to claimant was not so offensive as to constitute good cause for claimant's resignation from her employment.

Substantial evidence supports the Board's decision. Criticism of an employee's performance by a supervisor is not good cause for leaving one's employment ( see, Matter of Layton [Hudacs], 196 AD2d 943, 944; Matter of Andriano [Hudacs], 195 AD2d 731, 732). This is especially true in the instant matter where the supervisor's harsh words were uttered in the heat of the moment and constituted an isolated incident.

Ordered that the decision is affirmed, without costs.


Summaries of

In re the Claim of Feng Yen Yang

Appellate Division of the Supreme Court of New York, Third Department
Nov 14, 1996
233 A.D.2d 656 (N.Y. App. Div. 1996)
Case details for

In re the Claim of Feng Yen Yang

Case Details

Full title:In the Matter of the Claim of FENG YEN YANG, Appellant. JOHN E. SWEENEY…

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

Date published: Nov 14, 1996

Citations

233 A.D.2d 656 (N.Y. App. Div. 1996)
649 N.Y.S.2d 740

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