Friday, February 26, 2010

UNEMPLOYMENT INSURANCE - VOLUNTARY SEPARATION

Returning to case law on voluntary separation, sometimes, a re-arrangement of working hours can establish "good cause" for quiting:

Refusal to accept a transfer to day shift employment when due to reasons of personal convenience, is not good cause for voluntary leaving employment notwithstanding a change in the contract of hire since claimant would not have been justified in refusing such employment in the first instance. (A.B. 47,364-54; )

A change in starting time from 6:30 a.m. to 8:00 a.m. does not provide good cause for voluntary leaving of employment (Matter of Sybell, 14 A.D. 2d 981)

Genuine and reasonable fear for personal safety constitutes good cause for refusing or leaving employment requiring, walking through dark and deserted streets late at night. (A.B. 148,046; )

In the absence of an employee objection, a 30-minute lunch period in a factory or mercantile establishment is permissible without application to the Industrial Commissioner pursuant to Section 162 of the Labor Law and therefore cannot avert disqualification because of a separation for unrelated reasons. (A.B. 155,946; )

Desire not to continue working Saturday nights in accordance with custom as a salesperson in a retail store, was not good cause for voluntary leaving of employment. (A.B. 12,595-45; )

Voluntary leaving is with good cause despite the fact that child care is available, when claimant, a single parent, is permanently assigned to a shift that precludes her from spending any time with her children. (A.B. 390,586;

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