From Casetext: Smarter Legal Research

Matter of Jaworski

Appellate Division of the Supreme Court of New York, Third Department
Apr 30, 1998
249 A.D.2d 869 (N.Y. App. Div. 1998)

Opinion

April 30, 1998

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed by the General Electric Company for 31 years. Anticipating that more layoffs would occur in his department, claimant resigned, accepting the employers offer of an early retirement incentive package. The Unemployment Insurance Appeal Board subsequently ruled that claimant was disqualified from receiving benefits because, inter alia, he had left his employment for personal and noncompelling reasons. It has been held that participating in an early retirement incentive program when, there is continuing work available does not constitute good cause for leaving ones employment ( see, Matter of Joseph [Sweeney], 246 A.D.2d 944; Matter of Reid [Delta Air Lines — Sweeney], 244 A.D.2d 675). Although the workforce in claimants department had been reduced from 19 employees to 4 employees in the last year, claimant himself was never informed that his job was in jeopardy. Moreover, of the four employees remaining within claimants job classification, claimant had the most seniority and, therefore, could bump his coworkers if placed "in other job titles after the layoff. Inasmuch as substantial evidence supports the Boards finding that claimant left his employment under disqualifying circumstances, its decision is, accordingly, affirmed.

Mikoll, J.P., White, Peters, Spain and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Jaworski

Appellate Division of the Supreme Court of New York, Third Department
Apr 30, 1998
249 A.D.2d 869 (N.Y. App. Div. 1998)
Case details for

Matter of Jaworski

Case Details

Full title:In the Matter of the Claim of CARL JAWORSKI, Appellant. COMMISSIONER OF…

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

Date published: Apr 30, 1998

Citations

249 A.D.2d 869 (N.Y. App. Div. 1998)
672 N.Y.S.2d 457

Citing Cases

Matter of Williams

We find substantial evidence in the record to support the Board's decision. Neither resigning in anticipation…

Matter of the Claim of Antezana

The Unemployment Insurance Appeal Board ruled that claimant voluntarily left his employment without good…