From Casetext: Smarter Legal Research

Matter of Latona

Appellate Division of the Supreme Court of New York, Third Department
Dec 4, 1975
50 A.D.2d 957 (N.Y. App. Div. 1975)

Opinion

December 4, 1975


Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 20, 1975, which reversed the decision of a referee and sustained an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits upon the ground that he voluntarily left his employment without good cause. Claimant, while conceding that he resigned from his employment, contends that the assignment of additional duties without provision for increased salary provided good cause for his leaving his employment. This contention raises a factual issue and the board's resolution, when supported by substantial evidence, as here, must be affirmed (Matter of Connors [Catherwood], 27 A.D.2d 895). Moreover, we note that there is evidence that claimant, who had recently received a $2,500 raise and was receiving an annual increment, was dissatisfied with his salary. Dissatisfaction with wages or salary does not provide good cause for leaving employment (Matter of Weber [Catherwood], 32 A.D.2d 697). We cannot say as a matter of law that the board could not find on this record that claimant's primary reason for leaving his employment was dissatisfaction with his wages and that the request to perform additional duties was not, under the circumstances, unreasonable. The board's decision is supported by substantial evidence and must be affirmed. Decision affirmed, without costs. Herlihy, P.J., Greenblott, Koreman, Main and Reynolds, JJ., concur.


Summaries of

Matter of Latona

Appellate Division of the Supreme Court of New York, Third Department
Dec 4, 1975
50 A.D.2d 957 (N.Y. App. Div. 1975)
Case details for

Matter of Latona

Case Details

Full title:In the Matter of the Claim of JOSEPH J. LATONA, Appellant. LOUIS L…

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

Date published: Dec 4, 1975

Citations

50 A.D.2d 957 (N.Y. App. Div. 1975)

Citing Cases

Matter of Pristina

However, claimant admitted that he was not yet a journeyman plumber, that he was paid the union scale for…

Matter of Keefe

Here, claimant agreed to perform additional work but left because he was dissatisfied with the amount of…