Wednesday, August 4, 2010

UNEMPLOYMENT INSURANCE - VOLUNTARY SEPARATION - PROSPECT OF OTHER WORK

Recent consultation: Claimant quit job for new job but, due to nature of the business, new job did not materialize as funding for prospective employer did not materialize. Here are some New York Appeals Board decisions on this:

"Prospect of other work

1. Voluntarily leaving employment without having any other definite job is without good cause notwithstanding a hope or expectancy of obtaining other employment as a result of pending negotiations with a prospective employer. (A.B. 43,319-54; A-750-1282)

2. Voluntarily leaving employment in anticipation of becoming self-employed but with no definite plans, was held to be without good cause. (A.B. 23,543-50; A-750-985; similarly A.B. 36,963-53)

3. Leaving employment two weeks in advance of the starting date of definite, other employment, in order to take a vacation, is with good cause, if the job fails to materialize through no fault of claimant. (A.B. 277,336A; A-750-1866. See comments.)

4. Voluntary leaving without good cause exists when claimant, who resigned a job because she had an offer of new employment to start on a specific future date, did not intend to accept the new employment. (Matter of T.J. Amber Jarvis; A-750-1967)"

As the comment to Number 3 above states:

"COMMENTS

1. The above rule applies only when a claimant had been unconditionally hired to start another job at a definite date but the job failed to materialize through no fault of his own. If there was no firm offer and acceptance, or no agreed starting date, or a leaving more than two weeks before such date, or a filing for benefits before the job failed to materialize, a disqualification for voluntary quit should be imposed.

2. Matter of Curran (1977) cited in the decision, concerned a teacher who had a firm offer of other work but quit a week in advance because she wanted time to draw up necessary reports for her old job and to prepare for the new job. On the scheduled starting date she discovered that because of funding problems her job was not available. The Court of Appeals held the quit to be with good cause, notwithstanding her early leaving."

Again, these are factual determinations but the key issues appears to be in NY:

1. Was the Claimant unconditionally hired? Was there a firm offer and acceptance?

2. Was there a definite date of commencement?

3. Did the new job not materialize through no fault of the Claimant?

4. Did Claimant leave more than two weeks before new job was to start?

5. Did Claimant file before new job failed to materialize?

No comments:

Post a Comment