From Casetext: Smarter Legal Research

In the Matter of Bejarano

Appellate Division of the Supreme Court of New York, Third Department
Jan 2, 2003
301 A.D.2d 726 (N.Y. App. Div. 2003)

Opinion

92299

Decided and Entered: January 2, 2003.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 12, 2002, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Maria E. Bejarano, Riverside, California, appellant pro se.

Before: Crew III, J.P., Peters, Spain, Carpinello and, Mugglin, JJ.


MEMORANDUM AND ORDER

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment as a photographer under disqualifying circumstances. The record establishes that claimant became upset when the employer questioned her regarding the billing hours of a friend and coworker with whom she had been working. It is well settled that criticism from an employer does not constitute good cause for leaving one's employment, even if the claimant considers the criticism unfair or harsh (see Matter of Pickard [Commissioner of Labor], 296 A.D.2d 696, lv denied 98 N.Y.2d 615 [Oct. 17, 2002]; Matter of Dabady [Commissioner of Labor], 294 A.D.2d 636). Although claimant maintained that she did not quit but, rather, was fired when she requested a raise, this presented a credibility issue for the Board to resolve (see Matter of Toth [Sweeney], 244 A.D.2d 752).

Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Bejarano

Appellate Division of the Supreme Court of New York, Third Department
Jan 2, 2003
301 A.D.2d 726 (N.Y. App. Div. 2003)
Case details for

In the Matter of Bejarano

Case Details

Full title:In the Matter of the Claim of MARIA E. BEJARANO, Appellant. COMMISSIONER…

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

Date published: Jan 2, 2003

Citations

301 A.D.2d 726 (N.Y. App. Div. 2003)
752 N.Y.S.2d 912