From Casetext: Smarter Legal Research

In the Matter of Karen J. Dickey

Supreme Court, Appellate Division, Third Department, New York.
Nov 17, 2011
89 A.D.3d 1299 (N.Y. App. Div. 2011)

Opinion

2011-11-17

In the Matter of Karen J. DICKEY, Appellant.Commissioner of Labor, Respondent.

Karen J. Dickey, Norwalk, Connecticut, appellant pro se.Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.


Karen J. Dickey, Norwalk, Connecticut, appellant pro se.Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 20, 2010, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant worked for the employer as a meeting planner for only three days. She resigned from her position because the employer insisted that she use her legal name in the performance of her duties, rather than a professional name that she preferred. The Unemployment Insurance

Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Claimant appeals.

We affirm. General dissatisfaction with working conditions has been held to not constitute good cause for leaving one's employment ( see Matter of Brookes [Commissioner of Labor], 85 A.D.3d 1479, 1480, 925 N.Y.S.2d 728 [2011]; Matter of Klarfeld [Commissioner of Labor], 57 A.D.3d 1031, 1032, 868 N.Y.S.2d 401 [2008] ). Claimant here stated that she resigned because she found that the employer's requirement that she use her legal name was unacceptable. Notably, the employer imposed this requirement to avoid auditing problems, which claimant freely acknowledged. Under these circumstances, we find that claimant left her employment for personal and noncompelling reasons.

ORDERED that the decision is affirmed, without costs.


Summaries of

In the Matter of Karen J. Dickey

Supreme Court, Appellate Division, Third Department, New York.
Nov 17, 2011
89 A.D.3d 1299 (N.Y. App. Div. 2011)
Case details for

In the Matter of Karen J. Dickey

Case Details

Full title:In the Matter of Karen J. DICKEY, Appellant.Commissioner of Labor…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Nov 17, 2011

Citations

89 A.D.3d 1299 (N.Y. App. Div. 2011)
932 N.Y.S.2d 593
2011 N.Y. Slip Op. 8255

Citing Cases

Schwartz v. Comm'r of Labor

Whether a claimant has voluntarily left his or her employment without good cause is a factual issue for the…