New York Public Personnel Law: Termination date change does not adversely affect eligibility for Unemployment Insurance benefits

December 02, 2011

Termination date change does not adversely affect eligibility for Unemployment Insurance benefits

Termination date change does not adversely affect eligibility for Unemployment Insurance benefits

Kalichman v. Ross, 439 N.Y.S.2d 718

When a school secretary was informed that her last day of work would be August 22, she asked that the last date of her service be changed to August 18.

Although the school approved the change, her unemployment insurance claim was rejected because she left on a “voluntary basis”.

The Court held that the change of date in this case was not significant and did not change an involuntary termination into a voluntary one. It then ordered the payment of the unemployment insurance claim.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.