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Matter of Ikehara

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 1993
196 A.D.2d 911 (N.Y. App. Div. 1993)

Opinion

September 23, 1993

Appeal from the Unemployment Insurance Appeal Board.


Claimant contended that he was forced to take a leave of absence due to work-related stress caused in part by his poor working relationship with a temporary co-worker. He admitted, however, that he failed to give advance notice of the leave and that he did not refer to his union contract concerning the procedure for requesting such a leave. Claimant also acknowledged that he did not respond to the employer's requests by letter and phone messages to return to work. The employer concluded that claimant had abandoned his job and accordingly terminated his employment.

Whether an employee has good cause for leaving employment is a question of fact for the Unemployment Insurance Appeal Board to resolve (see, Matter of Colavito [Hartnett], 180 A.D.2d 883). Given the facts of this case, there is substantial evidence to support the Board's conclusion that claimant left his job under disqualifying conditions (see, Matter of Harris [Hartnett], 178 A.D.2d 887; Matter of Williams [Levine], 50 A.D.2d 683). In reaching this conclusion, we note that claimant conceded that he received no medical attention for his stress (see, Matter of Coulote [Hartnett], 169 A.D.2d 861). In addition, a conflict with a co-worker is not a compelling reason to leave employment (see, Matter of Hogan [Schenectady Discount Corp. — Levine], 50 A.D.2d 650).

Mikoll, J.P., Mercure, Cardona, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Ikehara

Appellate Division of the Supreme Court of New York, Third Department
Sep 23, 1993
196 A.D.2d 911 (N.Y. App. Div. 1993)
Case details for

Matter of Ikehara

Case Details

Full title:In the Matter of the Claim of CHRIS R. IKEHARA, Appellant. JOHN F. HUDACS…

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

Date published: Sep 23, 1993

Citations

196 A.D.2d 911 (N.Y. App. Div. 1993)
602 N.Y.S.2d 224

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