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Matter of Ginsberg

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 702 (N.Y. App. Div. 1998)

Opinion

July 9, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant resigned from his employment as a driver for the president of a medical waste disposal company after the president began to consistently criticize claimant's manner of driving. Claimant, believing that the criticism was temporary, did not inform the president that he would resign if the criticism continued. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant was disqualified from receiving benefits because he voluntarily left his employment without good cause. Criticism of an employee's job performance by a supervisor has been held not to constitute good cause for leaving employment ( see, Matter of Andriano [Hudacs], 195 A.D.2d 731, 732), particularly where, as here, claimant failed to protect his employment by discussing his concerns with the employer prior to quitting ( see, Matter of Gatza [Sweeney], 247 A.D.2d 747, 748; Matter of Illerbrun [Sweeney], 246 A.D.2d 722).

Cardona, P.J., Mercure, Crew III, Yesawich Jr. and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Ginsberg

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1998
252 A.D.2d 702 (N.Y. App. Div. 1998)
Case details for

Matter of Ginsberg

Case Details

Full title:In the Matter of the Claim of EDWARD GINSBERG, Appellant. COMMISSIONER OF…

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

Date published: Jul 9, 1998

Citations

252 A.D.2d 702 (N.Y. App. Div. 1998)
675 N.Y.S.2d 422

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