In this appeal of a decision by the Unemployment Insurance Appeal Board, [Board], the Appellate Division sustained the Board's decision disqualifying an applicant [Claimant] for unemployment insurance benefits "because she voluntarily left her employment without good cause".
Claimant had advised her then employer [Employer] that she had been accepted into nursing school and the then Employer told Claimant that although she could not continue in her present full-time position while attending school, a per diem position could be created for her.
Claimant began classes and was advised by the Employer that it "would need a resignation letter" stating her last day of work. Claimant submitted a letter on September 12, resigning effective September 27, following her use of certain accrued leave.
Claimant had indicated that she had resigned with the understanding that, "in accordance with the [then Employer's] general policy, the per diem position had to be approved and posted prior to her being able to apply for it, and no set start date or salary for the position had been determined".
Some two weeks after her resignation was effective the per diem position had not yet been posted and Claimant applied for unemployment insurance benefits.
Claimant received one payment of benefits before the Department of Labor issued an initial determination finding that Claimant was disqualified from receiving unemployment insurance benefits because she had voluntarily separated from her employment without good cause and charged her with a recoverable overpayment.
At the hearing which followed, the Employer explained that organization-wide delays with getting new positions posted and maintained that Employer was committed to formally hiring Claimant for the per diem role once the administrative process was complete and the position could be posted.
Ultimately Claimant was formally hired for the per diem position but while the instant appeal to the Appellate Division and the Board application were pending, the Board reopened the matter on its own motion and affirmed the Administrative Law Judge's decision on the merits.
With respect to Claimants appeal to the Appellate Division, the Appellate Division affirmed the Board's decision, explaining "Whether a claimant has good cause to leave employment is a factual issue for the Board to resolve, and its determination will be upheld if supported by substantial evidence".
Further, the Appellate Division, citing Matter of Martinez [Commissioner of Labor], 222 AD3d 1099, explained "It is well established that resigning from a position in order to pursue academic studies, while commendable, constitutes a personal and non-compelling reason for separating from one's employment, disqualifying a claimant from receiving unemployment insurance benefits". The Appellate Division's decision then observed that "leaving employment without a firm job offer, most significantly here a start date for that new employment, does not constitute good cause."
Click HERE to access the Appellate Division's decision posted on the Internet.