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Matter of Landau

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 1992
187 A.D.2d 841 (N.Y. App. Div. 1992)

Opinion

November 12, 1992

Appeal from the Unemployment Insurance Appeal Board.


There is substantial evidence in the record to support the determination of the Unemployment Insurance Appeal Board that claimant voluntarily left her employment without good cause. Claimant contends that she left her job as a bookkeeper because, over the past two years, her employer unduly criticized her work and constantly harassed her. On the day that she quit, claimant, along with two co-workers, became upset when they found a directive on their desks from their employer setting forth new procedures to be followed. It has been held that the inability to get along with a supervisor does not constitute good cause for leaving employment (see, Matter of Grossman [Levine], 51 A.D.2d 853; Matter of Snapperman [Levine], 50 A.D.2d 1029; Matter of Lenner [Levine], 50 A.D.2d 702). Finally, we find nothing irrational in the Board's finding that it is not bound by a conciliation agreement between claimant and the employer wherein the employer agreed, in settling an age discrimination proceeding before the State Division of Human Rights, not to object to claimant's receipt of unemployment insurance benefits. As we have held under similar circumstances, such an agreement does not "preclude the Board from examining the factual basis for claimant's discharge" (see, Matter of Bernet [Hartnett], 165 A.D.2d 957, 959).

Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Landau

Appellate Division of the Supreme Court of New York, Third Department
Nov 12, 1992
187 A.D.2d 841 (N.Y. App. Div. 1992)
Case details for

Matter of Landau

Case Details

Full title:In the Matter of the Claim of MURIEL LANDAU, Appellant. JOHN F. HUDACS, as…

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

Date published: Nov 12, 1992

Citations

187 A.D.2d 841 (N.Y. App. Div. 1992)
589 N.Y.S.2d 721

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