From Casetext: Smarter Legal Research

In re Logghe

Appellate Division of the Supreme Court of New York, Third Department
Apr 12, 2007
39 A.D.3d 1003 (N.Y. App. Div. 2007)

Opinion

No. 501358.

April 12, 2007.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 21, 2006, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Fereda D. Logghe, New York City, appellant pro se.

Condon Forsyth, L.L.P., New York City (Stephen J. Fearon of counsel), for BWIA West Indies Airways Limited, respondent.

Andrew M. Cuomo, Attorney General, New York City (Mary Hughes of counsel), for Commissioner of Labor, respondent.

Before: Cardona, P.J., Crew III, Carpinello, Mugglin and Lahtinen, JJ.


Claimant worked as an administrative assistant for an airline company for just over one year. She was dissatisfied with the manner in which her supervisor administered vacation, sick leave and attendance policies and felt that she was treated differently than other employees. Following an argument with her supervisor concerning these issues, claimant quit her job. The Unemployment Insurance Appeal Board ruled that she was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Claimant appeals.

We affirm. It is well settled that general dissatisfaction with working conditions or the inability to get along with a supervisor does not constitute good cause for leaving employment ( see Matter of Pelc [Commissioner of Labor], 32 AD3d 1084, 1085; Matter of Solano [Sweeney], 234 AD2d 845, 846). Based upon claimant's own testimony, these factors caused her to quit her job. Her claim of discrimination presented an issue of credibility for the Board to resolve ( see Matter of Roman [Commissioner of Labor], 32 AD3d 1067, 1068). Inasmuch as substantial evidence supports the Board's decision, we decline to disturb it.

Ordered that the decision is affirmed, without costs.


Summaries of

In re Logghe

Appellate Division of the Supreme Court of New York, Third Department
Apr 12, 2007
39 A.D.3d 1003 (N.Y. App. Div. 2007)
Case details for

In re Logghe

Case Details

Full title:In the Matter of the Claim of FEREDA D. LOGGHE, Appellant. BWIA WEST…

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

Date published: Apr 12, 2007

Citations

39 A.D.3d 1003 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 3045
834 N.Y.S.2d 350

Citing Cases

In re Hill

Despite this evidentiary error, the record contains substantial evidence to support the finding that claimant…

Nimons v. Comm'r of Labor

The Board adhered to its decision upon reconsideration, and claimant now appeals. We affirm. It is well…