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Matter of Nunez

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 742 (N.Y. App. Div. 1997)

Opinion

November 20, 1997

Appeal from the Unemployment Insurance Appeal Board.


Claimant was employed for seven years as an export administrator for a manufacturer of medical supplies. He resigned after the employer's president criticized him for failing to notify a customer in Ireland regarding the arrival date of a shipment. Claimant felt humiliated by this criticism which was uttered within the hearing of his fellow employees. The Unemployment Insurance Appeal Board ruled that claimant had left his employment for personal and noncompelling reasons. We affirm. Criticism of an employee's job performance by his or her supervisor has been found not to constitute good cause for leaving employment ( see, Matter of Feng Yen Yang [Sweeney], 233 A.D.2d 656). The discrepancies between claimant's testimony and that of the employer raised issues of credibility for resolution by the Board ( see, Matter of Ferrugia [AAA Acc. Ins. — Sweeney], 233 A.D.2d 742).

Cardona, P. J., Mikoll, Peters, Spain and Carpinello, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Nunez

Appellate Division of the Supreme Court of New York, Third Department
Nov 20, 1997
244 A.D.2d 742 (N.Y. App. Div. 1997)
Case details for

Matter of Nunez

Case Details

Full title:In the Matter of the Claim of NELSON G. NUNEZ, Appellant. JOHN E. SWEENEY…

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

Date published: Nov 20, 1997

Citations

244 A.D.2d 742 (N.Y. App. Div. 1997)
664 N.Y.S.2d 675

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