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.