Monday, March 8, 2010

UNEMPLOYMENT INSURANCE - VOLUNTARY SEPARATION

A week or so back I mention some cases on "health" as a compelling good cause. Recently, this came into consideration at a hearing and the Clam ant was successful because the Claimant's health condition was known to the Employer and the Employer knew, or should have know, that taking certain actions would have an adverse effect on the Claimant's health. Giving the Employer notice of your health condition demonstrates that you had taken reasonable steps to protect your job. Illustrative, when health conditions ARE NOT disclosed to the Employer is IN RE CLAIM OF ANUMAH v. COMM'R. OF LABOR, 60 A.D.3d 1216, 876 N.Y.S.2d 172 [3d Dept 2008, where the court held in part:

"Substantial evidence supports the Board's determination that by failing to mention the legitimate medical reason for her absences, claimant failed to take a reasonable step to protect her position (see Matter of Peterson [Commissioner of Labor], 32 AD3d 610, 610-611 [2006]; Matter of Hernandez [Commissioner of Labor], 299 AD2d at 794; see also Matter of Miner [Commissioner of Labor], 49 AD3d 1128, 1129 [2008]; Matter of Cooper [Commissioner of Labor], 305 AD2d 894, 895 [2003]). Thus, she was not entitled to unemployment insurance benefits."

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