Opinion
December 4, 1975
Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 27, 1975, which adopted and affirmed a referee's decision sustaining an initial determination of the Industrial Commissioner that the claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause. The record establishes that the claimant resigned from her employment and the sole issue for the referee and the board was whether or not she had established just cause for such resignation. (Labor Law, § 593, subd 1.) The record established that the claimant's duties were such that, as a conscientious worker, she felt it necessary to work many hours and days in excess of the eight-hour day, five days per week which she was required to work. While such conscientiousness is laudable, there is substantial evidence in this record that she had voluntarily placed herself in a position where it would appear that she was overworked without making any attempt to insist upon working solely the hours and days for which she was originally employed. The claimant's excuses for resigning from the employment created issues of fact for the board and its decision, which rejects the excuses insofar as they might constitute just cause, is supported by substantial evidence. Decision affirmed, without costs. Herlihy, P.J., Greenblott, Koreman, Main and Reynolds, JJ., concur.