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Matter of Harris

Appellate Division of the Supreme Court of New York, Third Department
Sep 16, 1999
264 A.D.2d 896 (N.Y. App. Div. 1999)

Opinion

September 16, 1999

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 11, 1998, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Sandra Harris, New York City, appellant in person.

Eliot Spitzer, Attorney-General (Dawn A. Foshee of counsel), New York City, for respondent.

Before: YESAWICH JR., J.P., SPAIN, CARPINELLO, GRAFFEO and MUGGLIN, JJ.


MEMORANDUM AND ORDER

The record establishes that claimant received a performance evaluation on August 7, 1997 indicating that her performance met the employer's expectations but that she needed to accelerate her pace and output. Dissatisfied with the evaluation and particularly disagreeing with the supervisor's reference to a series of alleged meetings with claimant to discuss her work performance, claimant resigned on August 9, 1997 (effective August 29, 1997). On August 27, 1997, the disputed wording in the evaluation was changed in accordance with claimant's request. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant's hasty resignation was for personal and noncompelling reasons and without good cause. It has been held that neither criticism from nor conflicts with one's supervisor constitute good cause for leaving employment (see,Matter of Wolfenburg [Sweeney], 242 A.D.2d 827, 828; Matter of Mielewski [Sweeney], 227 A.D.2d 805, 806; Matter of Ehrenberg [Doubleday Book Music Clubs — Hudacs], 197 A.D.2d 734). Despite claimant's assertion that she could no longer trust her supervisor, we find no reason to disturb the Board's decision.

YESAWICH JR., J.P., SPAIN, CARPINELLO, GRAFFEO and MUGGLIN, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Matter of Harris

Appellate Division of the Supreme Court of New York, Third Department
Sep 16, 1999
264 A.D.2d 896 (N.Y. App. Div. 1999)
Case details for

Matter of Harris

Case Details

Full title:In the Matter of the Claim of SANDRA HARRIS, Appellant. COMMISSIONER OF…

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

Date published: Sep 16, 1999

Citations

264 A.D.2d 896 (N.Y. App. Div. 1999)
695 N.Y.S.2d 199