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In re the Claim of Harp

Appellate Division of the Supreme Court of New York, Third Department
Mar 24, 1994
202 A.D.2d 876 (N.Y. App. Div. 1994)

Opinion

March 24, 1994

Appeal from the Unemployment Insurance Appeal Board.


There is substantial evidence in the record to support the Board's decision that claimant, a teacher, did not voluntarily leave his employment without good cause when he resigned before a denial of tenure could be issued by the employer. Claimant's employment was to have otherwise ended after only three additional working days and the option of continuing employment on probation was not offered to claimant. The Board found that if claimant had not resigned when he did, he would have been formally denied tenure and this stigma would have been a permanent disadvantage for him in seeking new employment. The Board rationally found that a purported resignation is not truly voluntary where it merely amounts to an acceptance of dismissal and also serves as a protective measure with regard to the employment record.

Cardona, P.J., Crew III, Casey, Weiss and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

In re the Claim of Harp

Appellate Division of the Supreme Court of New York, Third Department
Mar 24, 1994
202 A.D.2d 876 (N.Y. App. Div. 1994)
Case details for

In re the Claim of Harp

Case Details

Full title:In the Matter of the Claim of JOHN S. HARP, Respondent. SILVER CREEK…

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

Date published: Mar 24, 1994

Citations

202 A.D.2d 876 (N.Y. App. Div. 1994)
610 N.Y.S.2d 882