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.