Opinion
94713.
Decided and Entered: April 8, 2004.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 14, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
Lindy Korn, Buffalo, for appellant.
Eliot Spitzer, Attorney General, New York City (Mary Hughes of counsel), for respondent.
Before: Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left his employment as a security guard without good cause. The record demonstrates that claimant had complained to a manager about problems with his coworkers and asked for a transfer to another location. The manager assured claimant that he would look into the matter. Claimant, however, failed to return to work.
Although fear for one's safety may constitute good cause for leaving employment, "it first must be shown that the claimant had reasonable grounds to conclude that his or her safety was, in fact, endangered" ( Matter of Kreger [Commissioner of Labor], 291 A.D.2d 772, 772; see Matter of De Witt [Commissioner of Labor], 288 A.D.2d 601, 602). Although claimant testified about hostile looks and harsh words from coworkers, there is no evidence of any threats toward claimant or that he was in any physical jeopardy. Rather, the reasons that claimant gave for leaving his employment amount to a failure to get along with his coworkers and dissatisfaction with the work environment. These reasons do not constitute good cause for leaving employment ( see Matter of Fradys [Commissioner of Labor], 308 A.D.2d 672, 673; Matter of Cioffi [Commissioner of Labor], 297 A.D.2d 854, 854-855). Moreover, claimant afforded the employer no time to investigate his complaints before quitting ( see e.g. Matter of Estrada [Commissioner of Labor], 261 A.D.2d 760). Under these circumstances, we decline to disturb the Board's decision.
Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the decision is affirmed, without costs.