Opinion
90765
May 9, 2002.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 17, 2001, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.
James W. Kennedy III, Staten Island, appellant pro se.
Eliot Spitzer, Attorney General, New York City (Bessie Bazile of counsel), for respondent.
Before: Cardona, P.J., Mercure, Crew III, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
Claimant submitted his resignation from his position as a sales manager, giving four weeks' notice, based upon his anticipated hiring by another employer. Near the end of the four-week period, claimant learned that the prospective employer would not be able to hire him after all. The Unemployment Insurance Appeal Board subsequently ruled that claimant was disqualified from receiving unemployment insurance benefits because he left his employment for personal and noncompelling reasons.
Substantial evidence supports the Board's decision. A claimant who leaves his job based on an unfulfilled expectation of obtaining new employment may be disqualified from receiving benefits unless it can be shown that the claimant was given "a firm offer of new employment" prior to resigning (Matter of Gillette [Commissioner of Labor], 264 A.D.2d 877;see, Matter of Wallenhorst [Edwards Elec. — Hudacs], 209 A.D.2d 809). While claimant herein undoubtedly thought that he had received a firm offer of employment, there has been no showing that the prospective employer gave him either a definite starting date or informed him of the specific amount of his salary. In the absence of this fundamental information, the negotiations were still too indefinite to constitute the requisite "firm offer" that would render claimant qualified to receive benefits (see, Matter of Spinelli [Commissioner of Labor], 250 A.D.2d 920, 921). Claimant's remaining contentions have been examined and found to be without merit. The decision of the Board is, accordingly, affirmed.
Cardona, P.J., Mercure, Crew III, Rose and Lahtinen, JJ., concur.
ORDERED that the decision is affirmed, without costs.