AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of the Claim of RODNEY A. COLE, Appellant. WILLIAM H. HORAN, Respondent; COMMISSIONER OF LABOR, Respondent.

Claimant worked for the employer as a life insurance salesperson for approximately seven months until March 2006, when he submitted a letter of resignation. Having been advised by the employer that it was considering closing the office in which he worked, claimant decided that he no longer was going to work in the insurance business and indicated in his resignation letter that he was breaking all ties with the employer and that he was going to attempt to go back to school. The Unemployment Insurance Appeal Board thereafter ruled that claimant was disqualified from receiving unemployment insurance benefits upon the basis that he voluntarily left his employment without good cause. Claimant appeals.

We affirm. It initially is noted that resigning from one's employment in anticipation of a possible future discharge does not constitute good cause for leaving such employment ( see Matter of Felice [Commissioner of Labor], 24 AD3d 992, 993). As for claimant's contention that he left his job because the employer failed to timely pay him commissions that he had earned, this created a credibility issue for resolution by the Board ( see Matter of Felix [Pepsi Cola Newburgh Bottling Co." Commissioner of Labor], 14 AD3d 926, 927). Finally, we have examined claimant's remaining argument that the Board improperly considered evidence not in the record and find it to be without merit.

Ordered that the decision is affirmed, without costs.

Use AI to get other relevant cases.

Comments

IN RE COLE
(Nov 29, 2007)