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 MARILYN A. MALLIMO, Appellant. COMMISSIONER OF LABOR, Respondent.

MEMORANDUM AND ORDER

Claimant, a transcriptionist for a medical office, quit her part-time employment when her at-home hours were reduced. Due to the fluctuation in work, the employer could no longer provide claimant with 10 hours of at-home work as previously anticipated, but claimant could have maintained her hours by working in the office. Under these circumstances, substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant voluntarily left her employment without good cause when continuing work was available (see Matter of Rahn [Commissioner of Labor], 308 A.D.2d 629;Matter of Blankenship [Commissioner of Labor], 282 A.D.2d 861, 862). Furthermore, although the office manager instructed claimant to speak to the payroll manager about one of claimant's paychecks being withheld due to an overpayment the prior week, claimant failed to protect her employment by following the office manager's instructions or contacting the employer directly before quitting (see generally Matter of Huntington [Commissioner of Labor], 295 A.D.2d 736). Because claimant indicated that she was separated from employment due to lack of work when she was aware that continuing work was available, the Board's decision of willful misrepresentation will not be disturbed.

Cardona, P.J., Crew III, Peters, Spain and Carpinello, JJ., concur.

ORDERED that the decision is affirmed, without costs.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF MALLIMO
(Apr 29, 2004)