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Matter of Elkan-Moore

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1993
191 A.D.2d 914 (N.Y. App. Div. 1993)

Opinion

March 18, 1993

Appeal from the Unemployment Insurance Appeal Board.


Claimant contends that she left her job of five years as the director of a museum because she was distressed over allegations made by the former president of the museum's Board of Trustees and was unhappy with the manner in which that situation was handled. Claimant also stated that she was continuously harassed by other staff members. Initially, we note that the museum's Board of Trustees had no control over any harassing telephone calls or letters allegedly made by other staff members. In any event, problems with co-workers do not constitute good cause for leaving one's employment (see, Matter of Hogan [Schenectady Discount Corp. — Levine], 50 A.D.2d 650; Matter of Simon [Catherwood], 26 A.D.2d 979).

We next find that, contrary to claimant's contentions, an investigation occurred where claimant was given the opportunity to respond to the former president's allegations and it was determined that all accusations were unfounded. In addition, the former president resigned after being told that some members of the Board of Trustees were dissatisfied with his handling of the situation involving claimant. Under its new leadership, the Board of Trustees was attempting to resolve the difficulties that had been created by its former president, which included using recommendations made by claimant. Claimant did not wait long enough to see if these changes would improve her work environment even though the Board of Trustees wanted to keep her as the museum's director. Under these circumstances, we find substantial evidence to support the determination that claimant left her employment as a result of general dissatisfaction with job conditions, thus disqualifying her from receiving unemployment insurance benefits (see, Matter of Wigutow [Roberts], 138 A.D.2d 817; Matter of Rubinstein [Catherwood], 33 A.D.2d 950; see also, Matter of Squilla [Roberts], 127 A.D.2d 949).

Weiss, P.J., Mikoll, Levine, Mercure and Mahoney, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Elkan-Moore

Appellate Division of the Supreme Court of New York, Third Department
Mar 18, 1993
191 A.D.2d 914 (N.Y. App. Div. 1993)
Case details for

Matter of Elkan-Moore

Case Details

Full title:In the Matter of the Claim of BROOKE S. ELKAN-MOORE, Appellant. JOHN F…

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

Date published: Mar 18, 1993

Citations

191 A.D.2d 914 (N.Y. App. Div. 1993)
595 N.Y.S.2d 141

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