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In re the Claim of De John

Appellate Division of the Supreme Court of New York, Third Department
Sep 21, 2000
275 A.D.2d 848 (N.Y. App. Div. 2000)

Opinion

September 21, 2000.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 21, 1999, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Eisner Hubbard P.C. (K. Dean Hubbard Jr. of counsel), New York City, for appellant.

Eliot Spitzer, Attorney-General (Linda D. Joseph of counsel), New York City, for respondent.

Before: Spain, J.P., Graffeo, Mugglin, Rose and Lahtinen, JJ.


MEMORANDUM AND ORDER

Claimant resigned her employment as a sales associate for a department store citing her dissatisfaction with her position and the fact that she did not receive selling incentive bonuses while she was on "warning status" for alleged unprofessional behavior on the job. Substantial evidence supports the ruling of the Unemployment Insurance Appeal Board that claimant left her employment under disqualifying circumstances. It is well settled that dissatisfaction with job duties and wages does not constitute good cause for leaving employment (see, Matter of Gega [Commissioner of Labor], 272 A.D.2d 738, 708 N.Y.S.2d 493; Matter of Bartczak [Commissioner of Labor], 272 A.D.2d 731_, 707 N.Y.S.2d 718). While claimant maintained that she was never advised at the time of hire that commissions or bonuses would be suspended for employees on warning status, the conflict between claimant's testimony and the documentary evidence and witness testimony provided by the employer created a credibility issue properly resolved by the Board (see, Matter of Pietropaolo [Commissioner of Labor], 271 A.D.2d 795).

The remaining issues raised by claimant have been examined and found to be similarly unpersuasive.

ORDERED that the decision is affirmed, without costs.


Summaries of

In re the Claim of De John

Appellate Division of the Supreme Court of New York, Third Department
Sep 21, 2000
275 A.D.2d 848 (N.Y. App. Div. 2000)
Case details for

In re the Claim of De John

Case Details

Full title:IN THE MATTER OF THE CLAIM OF JACQUELINE A. DE JOHN, Appellant…

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

Date published: Sep 21, 2000

Citations

275 A.D.2d 848 (N.Y. App. Div. 2000)
713 N.Y.S.2d 238