From Casetext: Smarter Legal Research

Matter of Baumann

Appellate Division of the Supreme Court of New York, Third Department
Feb 5, 1998
247 A.D.2d 696 (N.Y. App. Div. 1998)

Opinion

February 5, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as a legal assistant until she resigned due to her annoyance at being required to use her personal automobile to run business and personal errands for the employer without reimbursement. When claimant complained to the employer, she was told that if she did not like it, she could leave. The Unemployment Insurance Appeal Board ruled that claimant had voluntarily left her employment without good cause. We affirm. Claimant continued to report to work for approximately one year, despite her continuing resentment over having to use her car without reimbursement, thereby waiving her right to cite this as a compelling reason for her resignation (see, Matter of Frankel [Sweeney], 236 A.D.2d 773; see also, Matter of Brabson [Hudacs], 195 A.D.2d 681). On this record, we find that claimant voluntarily chose to resign for reasons that were personal and noncompelling thereby disqualifying her from the receipt of benefits (see, Matter of Collins [Sweeney], 239 A.D.2d 758). Claimant's remaining contentions have been examined and found to be without merit.

Cardona, P.J., Mercure, White, Yesawich Jr. and Spain, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Baumann

Appellate Division of the Supreme Court of New York, Third Department
Feb 5, 1998
247 A.D.2d 696 (N.Y. App. Div. 1998)
Case details for

Matter of Baumann

Case Details

Full title:In the Matter of the Claim of ROSALIE A. BAUMANN, Appellant. JOHN E…

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

Date published: Feb 5, 1998

Citations

247 A.D.2d 696 (N.Y. App. Div. 1998)
668 N.Y.S.2d 753

Citing Cases

Matter of the Claim of Chevres

When the employer refused, claimant offered to give two weeks notice, at which point the employer told…