In re the Claim of Faison
Opinion of the Court
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 19, 2013, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
We affirm. “Whether a claimant has voluntarily left employment [without good cause] is a factual issue to be resolved by the Board, and its determination will not be disturbed so long as it is supported by substantial evidence” (Matter of Georgatos [Commissioner of Labor], 100 AD3d 1130, 1130 [2012] [internal quotation marks and citations omitted]; see Matter of Esposito [Commissioner of Labor], 62 AD3d 1202, 1202 [2009]). Although claimant conceded at the hearing that continuing work was available, she asserts that she had good cause to resign because the employer unilaterally changed the terms and conditions of her employment when the employer assigned her administrative work in a childcare setting rather than a position working directly with children. The employer testified, however, that claimant was informed that the nature of the assignments would vary at the time she was hired. Moreover, even assuming that the employer had changed the terms and conditions of her employment, claimant continued to work for approximately five months under the alleged change. Under these circumstances, substantial evidence supports the Board’s determination that claimant voluntarily left her employment without good cause (see Matter of Esposito [Commissioner of Labor], 62 AD3d at 1202; Matter of Fox [Commissioner of Labor], 16 AD3d 758, 759 [2005]; see also Matter of Georgatos [Commissioner of Labor], 100 AD3d at 1130-1131).
Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.