In re the Claim of Nalick
Court: Appellate Division of the Supreme Court of the State of New York; October 9, 1997; New York; State Appellate Court
Claimant's appeal against the Unemployment Insurance Appeal Board's decision, dated February 3, 1997, was reviewed. The Board disqualified her from receiving unemployment benefits, ruling that she had voluntarily left her position as an accounts payable clerk for reasons deemed personal and noncompelling. The claimant resigned after receiving a critical performance evaluation, intending to avoid termination. The Board's decision was upheld, citing prior case law that indicates criticism of job performance and resigning to prevent dismissal do not constitute "good cause" for leaving employment. The Board also noted discrepancies between the claimant's testimony and the employer's account, which raised credibility issues for the Board to resolve. The court affirmed the decision without costs, with all judges concurring.