ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

August 08, 2013

Reassignment to a different work shift

Reassignment to a different work shift
Matter of Kattaya (Commissioner of Labor) 32 AD3d 1124

Hany Kattaya was a security officer at a museum. He worked both the day shift and the night shift, preferring the night shift because he received a pay differential and free parking while working the night shift.

Due to disciplinary problems, the museum decided to assign him only to the day shift. Kattaya refused to accept this change of assignment because he would lose the night pay differential and free parking benefit and incur other expenses. He resigned from his position and applied for unemployment insurance benefits.

Kattaya’s application for unemployment insurance benefits was rejected after the Unemployment Insurance administrative law judge ruled that Kattaya had voluntarily left his employment without good cause. 

The Appellate Division, Third Department, dismissed Kattaya’s appeal, commenting, “It is well settled that dissatisfaction with one's work schedule does not constitute good cause for leaving one's employment.”

The court decided that the loss of the pay differential and free parking, and the additional cost of commuting and childcare expenses associated with working during the day, were not compelling reasons for resigning under the circumstances present in this case.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2006/2006_06893.htm
.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor 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.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.