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Matter of Dickey v. Commissioner of Labor

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 2011
2011 N.Y. Slip Op. 8255 (N.Y. App. Div. 2011)

Opinion

511738

11-17-2011

In the Matter of KAREN J. DICKEY, Appellant. v. 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.


Before: , J.P., Rose, Lahtinen, McCarthy and Egan Jr., JJ.

Karen J. Dickey, Norwalk, Connecticut, appellant pro se.

Eric T. Schneiderman, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.

MEMORANDUM AND ORDER

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 AD3d 1479, 1480 [2011]; Matter of Klarfeld [Commissioner of Labor], 57 AD3d 1031, 1032 [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.

Spain, J.P., Rose, Lahtinen, McCarthy and Egan Jr., JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Dickey v. Commissioner of Labor

Appellate Division of the Supreme Court of New York, Third Department
Nov 17, 2011
2011 N.Y. Slip Op. 8255 (N.Y. App. Div. 2011)
Case details for

Matter of Dickey v. Commissioner of Labor

Case Details

Full title:IN THE MATTER OF KAREN J. DICKEY, Appellant. v. COMMISSIONER OF LABOR…

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

Date published: Nov 17, 2011

Citations

2011 N.Y. Slip Op. 8255 (N.Y. App. Div. 2011)