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Matter of Malkenson

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1998
246 A.D.2d 733 (N.Y. App. Div. 1998)

Opinion

January 8, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed as the office manager of a dental practice, working Monday, Tuesday, Thursday, Friday and Saturday. When it was decided that the office would be closed on Saturdays, claimant was asked to change his schedule so that he would be working a standard Monday through Friday work week. Claimant refused to work Wednesdays and upon being told that his salary would be decreased to reflect a four-day work week, claimant resigned. The Unemployment Insurance Appeal Board subsequently ruled, inter alia, that claimant was disqualified from receiving benefits because he left his employment for personal and noncompelling reasons. We affirm. This Court has held that an employee's dissatisfaction with his or her work schedule ( see, Matter of Partlow [Sweeney], 234 A.D.2d 846; Matter of De Angelis [Hudacs], 199 A.D.2d 739, 740) or wages ( see, Matter of King [Sweeney], 243 A.D.2d 802) does not constitute good cause for resigning. Therefore, we conclude that substantial evidence supports the Board's decision.

Cardona, P.J., Mikoll, Mercure, Yesawich Jr. and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Malkenson

Appellate Division of the Supreme Court of New York, Third Department
Jan 8, 1998
246 A.D.2d 733 (N.Y. App. Div. 1998)
Case details for

Matter of Malkenson

Case Details

Full title:In the Matter of the Claim of NATHAN MALKENSON, Appellant. JOHN E…

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

Date published: Jan 8, 1998

Citations

246 A.D.2d 733 (N.Y. App. Div. 1998)
667 N.Y.S.2d 449

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