Opinion
April 30, 1998
Appeal from the Unemployment Insurance Appeal Board.
Claimant was employed by the General Electric Company for 31 years. Anticipating that more layoffs would occur in his department, claimant resigned, accepting the employers offer of an early retirement incentive package. The Unemployment Insurance Appeal Board subsequently ruled that claimant was disqualified from receiving benefits because, inter alia, he had left his employment for personal and noncompelling reasons. It has been held that participating in an early retirement incentive program when, there is continuing work available does not constitute good cause for leaving ones employment ( see, Matter of Joseph [Sweeney], 246 A.D.2d 944; Matter of Reid [Delta Air Lines — Sweeney], 244 A.D.2d 675). Although the workforce in claimants department had been reduced from 19 employees to 4 employees in the last year, claimant himself was never informed that his job was in jeopardy. Moreover, of the four employees remaining within claimants job classification, claimant had the most seniority and, therefore, could bump his coworkers if placed "in other job titles after the layoff. Inasmuch as substantial evidence supports the Boards finding that claimant left his employment under disqualifying circumstances, its decision is, accordingly, affirmed.
Mikoll, J.P., White, Peters, Spain and Graffeo, JJ., concur.
Ordered that the decision is affirmed, without costs.