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December 15, 2023

Teacher's aide denied unemployment insurance benefits after being found to have left his employment for personal and noncompelling reasons

An individual [Claimant] had been employed as a teacher's aide. He quit this position in order to become a full-time student and earn his bachelor's degree. Claimant had filed for unemployment insurance benefits but the New York State Department of Labor issued an initial determination finding that Claimant was disqualified from receiving unemployment insurance benefits.

After an administrative hearing, an Administrative Law Judge [ALJ] affirmed the Department of Labor's denial of Claimant's application for unemployment insurance benefits.

The Unemployment Insurance Appeal Board [Board] sustained the ALJ's ruling, explaining that the Claimant was disqualified from receiving unemployment insurance benefits as the result of Claimant's having "voluntarily left his employment without good cause." Claimant appealed the Board's determination.

Citing Matter of Lee [Commissioner of Labor], 190 AD3d 1170, and other court decisions, the Appellate Division affirmed the Board's decision, noting "It is well established that resigning from a position in order to pursue academic studies, while commendable, constitutes a personal and noncompelling reason for separating from one's employment, disqualifying a claimant from receiving unemployment insurance benefits."

The Appellate Division said it was undisputed that Claimant left his employment in order to complete an undergraduate degree program. Accordingly, substantial evidence supported the Board's finding that Claimant was disqualified from receiving unemployment insurance benefits as he had "voluntarily left his employment without good cause," and dismissed Claimant's appeal.

Click HERE to access the Appellate Division's decision posted on the Internet.

 

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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.
New York Public Personnel Law. Email: publications@nycap.rr.com