In re the Claim of Savoie
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 14, 2009, which held that the employer’s experience rating account was chargeable for unemployment insurance benefits paid to claimant.
Claimant worked as a quality control manager for Joe Pietryka, Inc. (hereinafter the employer) for approximately six months before he voluntarily resigned abruptly in December 2007. Thereafter, he was employed by Atlantis Energy Systems from December 2007 until he was laid off in February 2009. Claimant then applied for unemployment insurance benefits, which were granted and charged in part to the employer’s experience rating account. The employer filed a protest, contending that, inasmuch as claimant had voluntarily left its employ without good cause, its account could not be charged for benefits paid to him. Ultimately, the Unemployment Insurance Appeal Board sustained the initial determination and the employer now appeals.
We affirm. Claimant worked for Atlantis and earned more than five times his weekly benefit rate, thereby removing the disqualification from receiving benefits that arose when he previously voluntarily left his employment with the employer (see Labor Law § 593 [1]; Matter of Perdue [Environmental Compliance, Inc. — Commissioner of Labor], 47 AD3d 1139, 1141
The employer’s remaining claim is unpreserved for our review.
Spain, J.P., Rose, Kavanagh, Stein and Egan Jr., JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.