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Thursday, August 25, 2011

Dissatisfaction with work schedules does not equal lack-of-work


Dissatisfaction with work schedules does not equal lack-of-work
Blankenship v Comm. of Labor, 282 AD2d 861

Sometimes a public employer finds it necessary to hire a substitute to cover for an employee who is absent due to illness. This was the case when a school district hired Linda J. Blankenship as a full-time [eight hours per day] per diem substitute cleaner to cover for a full-time employee who was on disability leave.

When the employee returned from disability leave, Blankenship's workday was adjusted in accordance with the employer's need to cover positions because of vacations or other absences of permanent employees. Essentially Blankenship was scheduled to work full-time during the summer due to vacation schedules. When the school year resumed her hours were reduced to four hours a day.

Dissatisfied with the change in her work schedule, Blankenship left the district and filed a claim for unemployment insurance benefits. She indicated that “lack of work” was the reason for her leaving the district's employ. The Unemployment Insurance Appeals Board rejected Blakenship's claim for unemployment insurance benefits on the ground that she voluntarily left her employment without good cause.

The Appellate Division sustained the Board's finding that Blankenship's “dissatisfaction with her reduced hours in accordance with the needs of the school district did not constitute good cause for leaving her employment” as supported by substantial evidence.

In addition, the court approved the Board's ordering the “recoverable overpayment of benefits.”


Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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