In re the Claim of Mazulewicz
Court: Appellate Division of the Supreme Court of the State of New York; July 2, 1998; New York; State Appellate Court
An appeal was filed on March 17, 1997, regarding the Unemployment Insurance Appeal Board's decision to disqualify the claimant from receiving unemployment benefits due to voluntarily leaving his job without good cause. The Board found sufficient evidence supporting this disqualification. The claimant worked as a field sales representative for a commercial lighting company starting in October 1996, with no prior sales experience. Despite receiving training materials from the employer, he showed minimal effort in selling products or learning appropriate sales techniques. After one month of employment, the claimant requested a temporary halt to his draw against commissions to focus on assembling his modular home. He subsequently applied for unemployment benefits without notifying the employer of his resignation, which the Board interpreted as an abandonment of his job. The claimant's argument that he left due to the employer's unjustified discontinuation of payment was viewed as a credibility issue for the Board to address. Other arguments presented by the claimant were determined to be either unpreserved for review or lacking merit. The decision of the Unemployment Insurance Appeal Board was affirmed without costs.