From Casetext: Smarter Legal Research

Matter of Fontana

Appellate Division of the Supreme Court of New York, Third Department
Jun 10, 1976
53 A.D.2d 742 (N.Y. App. Div. 1976)

Opinion

June 10, 1976


Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 7, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because she voluntarily left her employment without good cause. Claimant contends that a promised raise, only partially fulfilled, and a denial of her requested change in working hours provided good cause for her to leave employment. The employer's explanation regarding these assertions raised issues of fact. The board found that, by continuing to work for six months thereafter, claimant accepted the raise offered, and also concluded that the claimant's request for special working hours when she was doing assembly shift work was not a reasonable one under the conditions prevailing. Whether or not the circumstances under which a claimant leaves a job amount to good cause within the terms of subdivision 1 of section 593 Lab. of the Labor Law is a factual question to be determined by the board. Its determination must be upheld if supported by substantial evidence (Matter of Rubinstein [Catherwood], 33 A.D.2d 950). Decision affirmed, without costs. Kane, J.P., Mahoney, Main, Larkin and Herlihy, JJ., concur.


Summaries of

Matter of Fontana

Appellate Division of the Supreme Court of New York, Third Department
Jun 10, 1976
53 A.D.2d 742 (N.Y. App. Div. 1976)
Case details for

Matter of Fontana

Case Details

Full title:In the Matter of the Claim of KATHARINA A. FONTANA, Appellant. LOUIS L…

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

Date published: Jun 10, 1976

Citations

53 A.D.2d 742 (N.Y. App. Div. 1976)

Citing Cases

Matter of Vitale

However, dissatisfaction with wages does not constitute a good cause for leaving one's employment (see,…

Matter of Tabakoff

On his application for unemployment insurance benefits he stated that he left because "the pay was too low".…