Matter of Sheldon (Comm'r of Labor), 153 A.D.3d 1480 (N.Y. App. Div. 3d Dep't 2017). · Go Syfert
Matter of Sheldon (Comm'r of Labor), 153 A.D.3d 1480 (N.Y. App. Div. 3d Dep't 2017). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Cited for
At page 1480 “whether a claimant has voluntarily left employment for good cause is a factual determination to be made by the board, and its decision will not be disturbed if supported by substantial evidence”4 citing cases2 citing courts quote it
  • Matter of Rohde (Goshen Chamber of Com., Inc.--Comm'r of Labor), 2019 NY Slip Op 6681 (N.Y. App. Div. 3d Dep't 2019).published
    "Whether a claimant has voluntarily left employment for good cause is a factual determination to be made by the Board, and its decision will not be disturbed if supported by substantial evidence" ( Matter of Sheldon [Commissioner of Labor]…
  • Matter of Xavier (Comm'r of Labor), 2019 NY Slip Op 4074 (N.Y. App. Div. 3d Dep't 2019).published
    In this regard, neither dissatisfaction with one's working conditions ( see Matter of Schwartz [Commissioner of Labor] , 164 AD3d at 1583), work schedule/hours ( see Matter of Walters [Commissioner of Labor] , 152 AD3d 856, 857 [2017]; Mat…
  • Matter of Baxter (Comm'r of Labor), 2018 NY Slip Op 4816 (N.Y. App. Div. 3d Dep't 2018).published
    "Whether a claimant has voluntarily left employment for good cause is a factual determination to be made by the Board, and its decision will not be disturbed if supported by substantial evidence" ( Matter of Sheldon [Commissioner of Labor]…
  • Matter of Peichun Huang (Comm'r of Labor), 155 A.D.3d 1235 (N.Y. App. Div. 3d Dep't 2017).published
    “Whether a claimant has voluntarily left employment for good cause is a factual determination to be made by the Board, and its decision will not be disturbed if supported by substantial evidence” (Matter of Campise [Commissioner of Labor],…
At page 1481 cited at this page1 citing case
  • Matter of Colon (Staffing Solutions Org. LLC--Comm'r of Labor), 179 A.D.3d 1417 (N.Y. App. Div. 3d Dep't 2020).published
    Quitting in anticipation of discharge ( see Matter of Hull [Commissioner of Labor] , 77 AD3d 1012, 1013 [2010]; Matter of Santiago [Commissioner of Labor] , 308 AD2d 674, 674 [2003]) does not constitute good cause for leaving one's employm…
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Daniel S. Sheldon, Appellant. Commissioner of Labor, Respondent
524646.
Appellate Division of the Supreme Court of the State of New York.
Sep 14, 2017.
Published opinion
153 A.D.3d 1480
Peters, Lynch, Devine, Mulvey, Rumsey.
Cited by 5 opinions  |  Published

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 12, 2017, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause.

Claimant resigned from his position as a heating, ventilation and air conditioning technician because he objected to the critical manner in which his interim supervisor spoke to him and his coworkers. Claimant’s subsequent application for unemployment insurance benefits was denied by the Unemployment Insurance Appeal Board on the ground that he voluntarily left his employment without good cause. Claimant now appeals.

We affirm. “Whether a claimant has voluntarily left employment for good cause is a factual determination to be made by the Board, and its decision will not be disturbed if supported by substantial evidence” (Matter of Campise [Commissioner of Labor], 150 AD3d 1523, 1524 [2017] [internal quotation marks and citation omitted]; see Labor Law § 593 [1] [a]). Here, claimant testified that, after being promoted, the supervisor made critical comments about the workers’ skills, including his own. Claimant submitted his resignation after the supervisor accused him of breaking a fitting on a water line by standing on it, which he denied. Claimant quit because he did not approve of the supervisor’s demeanor and due to his lack of leadership skills and professionalism. While claimant had complained to his superiors, one of them testified that the problems were being addressed with the supervisor and that he had remained on interim status pending his satisfactory performance.

“[C]riticism by an employer, even if considered to be harsh, does not constitute good cause for leaving one’s employment” (Matter of Campise [Commissioner of Labor], 150 AD3d at 1524), and the inability to get along with a supervisor likewise does not constitute good cause for quitting (see Matter of Araman [Commissioner of Labor], 150 AD3d 1526, 1528 [2017]; Matter of Feldstein [Commissioner of Labor], 121 AD3d 1477, 1478 [2014]). While the supervisor accused claimant of breaking the fitting, claimant was not facing disciplinary charges and did not provide a compelling reason to leave at that time (see Matter of Franklin [Commissioner of Labor], 141 AD3d 1067, 1068 [2016]). Upon our review of the record, we agree that “the [supervisor’s] criticism of claimant’s job performance was not so intolerable as to justify claimant’s resignation” (Matter of Campise [Commissioner of Labor], 150 AD3d at 1524-1525; see Matter of Araman [Commissioner of Labor], 150 AD3d at 1528). As the Board’s decision that claimant voluntarily left his employment without good cause is supported by substantial evidence, it will not be disturbed.

Peters, P.J., Lynch, Devine, Mulvey and Rumsey, JJ., concur.

Ordered that the decision is affirmed, without costs.