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MATTER OF KOGUT

Appellate Division of the Supreme Court of New York, Third Department.
Nov 5, 1998
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Claimant was employed as a mechanic at an automobile repair shop. During the last six weeks of his employment, claimant was paid on a commission basis. Claimant left his employment after he realized that based upon the hours he worked, the commission he earned averaged less than minimum wage. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant was disqualified from receiving benefits. It has been held that dissatisfaction with one's wages does not constitute good cause for leaving employment, particularly where, as here, the claimant fails to protect his or her employment by informing the employer of the concern prior to resigning ( see, Matter of Gatza [Sweeney], 247 A.D.2d 747, 748; Matter of Abrams [Sweeney], 240 A.D.2d 833). The Board's decision that claimant voluntarily left his employment without good cause is accordingly affirmed.

Cardona, P. J., Mikoll, Crew III, White and Yesawich Jr., JJ., concur.

Ordered that the decision is affirmed, without costs.