In re the Claim of Mielewski
Cases that cite this one
8 later published cases cite this decision.
- Matter of Sciortino (Commr. of Labor) (Appellate Division of the Supreme Court of New York 2015)
- In re the Claim of Harris (Appellate Division of the Supreme Court of New York 1999)
- In re the Claim of Ikoli (Appellate Division of the Supreme Court of New York 1998)
- In re the Claim of Krinsky (Appellate Division of the Supreme Court of New York 1997)
- In re the Claim of Turano (Appellate Division of the Supreme Court of New York 1997)
- In re the Claim of Semkow (Appellate Division of the Supreme Court of New York 1997)
- In re the Claim of Ritchie (Appellate Division of the Supreme Court of New York 1997)
- In re the Claim of Toth (Appellate Division of the Supreme Court of New York 1997)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 14, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant, a publications designer, worked for a medical health plan for five years until April 21, 1992. On February 24, 1992, claimant’s supervisor gave her a memorandum and warning concerning her work performance. Claimant filed a grievance pursuant to the employer’s in-house staff grievance proce
On April 7, 1992, with her grievance still pending, claimant resigned, giving two weeks notice. Claimant then applied for unemployment insurance benefits. The Unemployment Insurance Appeal Board ultimately determined that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause. Claimant now appeals.
We affirm. In our view, substantial evidence supports the Board’s determination that claimant voluntarily left her employment without good cause. It is well settled that neither an inability to get along with a supervisor nor criticism of an employee’s work product by a supervisor constitutes good cause for leaving employment (see, Matter of Rossano [Hudacs], 181 AD2d 937). Further, based on this record, we agree with the Board that the fact that claimant’s grievance was not resolved within five weeks after she filed it did not constitute good cause for her to quit her job (cf., Matter of Roth [Catherwood], 34 AD2d 1081). While claimant argues that the alleged ostracism by her co-workers created a hostile work environment which justified her decision to leave her employment, the Board clearly credited testimony from one of the employer’s witnesses indicating that if claimant was avoided by her co-workers it was solely because she was difficult to work with. In any event, since there is no indication that claimant sought help from her employer because of any alleged mistreatment by her coworkers (see, Matter of Frenya [Sweeney], 212 AD2d 921), this alleged circumstance cannot provide good cause for her resignation.
Claimant’s remaining arguments have been considered and found to be unpersuasive.
Mikoll, J. P., Mercure, Crew III and Yesawich Jr., JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.