Wednesday, December 28, 2011

NEW YORK UNEMPLOYMENT INSURANCE - HEARINGS AND APPEALS - MISCONDUCT OR SEPARATION RE: VACATIONS - CASE NO. 8 & 9

The Appeal Board web site cites the following Appeal Board case in support of the general rule that a denial of a request to change vacation plans was not good cause for voluntary leaving of employment:

"Index 1730-1

NEW YORK STATE DEPARTMENT OF LABOR
UNEMPLOYMENT INSURANCE DIVISION
ADJUDICATION SERVICES OFFICE

MARCH 23, 1942

INTERPRETATION SERVICE - BENEFIT CLAIMS
VOLUNTARY LEAVING
Vacation
Appeal Board Case Number 6114-41


VOLUNTARY LEAVING - DENIAL OF REQUEST TO CHANGE VACATION PLANS
(SECTION 506.2 OF LABOR LAW)

Denial of request to change vacation plans was not found good cause for voluntary leaving of employment.

Referee's Decision: Initial determination disqualifying claimant for voluntary leaving employment without good cause is overruled. (8/6/41)

Appealed By: Industrial Commissioner.

Findings of Fact: Claimant worked for twelve and a half years as secretary to the president of a corporation. It was a rule of the employer's establishment to schedule vacations of employees in the early part of the calendar year. Claimant's vacation was scheduled for July 1941 at her request. Claimant was ill in April but had recovered in May, although still in a run-down condition. She requested her employer to advance her vacation to May and also for permission to take off two additional weeks. These requests were denied, whereupon claimant resigned on May 9, 1941. Claimant filed for benefits on June 20, 1941. Her benefit rights were suspended by the local office for voluntarily leaving employment without good cause. At the hearing before the referee claimant admitted that the reason for requesting a change in vacation was not because of illness, but because she had the opportunity of taking an automobile trip if she could change her vacation period.

Appeal Board Opinion: Claimant did not advance her illness as a reason when she requested a change in her vacation plans. It appears from claimant's own testimony that her alleged illness did not prompt such a request but rather the fact that she had an opportunity to take an automobile trip at that time. When this request was denied, claimant preferred to resign than change her vacation plans. We cannot escape the conclusion that the real reason for claimant's leaving was the denial of her request for change of vacation. Under the circumstances of this case, we do not deem this to be good cause for her voluntary leaving.

Decision: Local office properly suspended claimant's benefit rights for voluntary leaving without good cause. Decision of referee is reversed. (10/27/41)"

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