Monday, January 2, 2012

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

A refusal of vacation after a considerable time may also be a compelling cause to quit:

"Index No. 1730.3
1735 D-2

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

March 30, 1971

INTERPRETATION SERVICE – BENEFIT CLAIMS
VOLUNTARY LEAVING
Vacation
Violation of Terms of Employment

Appeal Board Decision 162,485

POSTPONEMENT OF PROMISED VACATION

Leaving of employment is with good cause when an employer, having agreed at time of hire to a vacation after one year, breaches that agreement by postponing the vacation for a substantial time.

Referee’s Decision: The initial determination of the local office disqualifying claimant from receiving benefits effective September 12, 1970, because she voluntarily left her employment without good cause, is sustained.

Appealed By: Claimant

Findings of Fact: Claimant, a bookkeeper, worked for the employer herein for 11 months from October 14, 1969 through September 11, 1970. At the time of hire it was agreed that after claimant had worked one year she would have one week of vacation. Early in September 1970 claimant requested that she be permitted to take her vacation in October. When the employer rejected this request, claimant asked to be allowed to take her vacation in December of 1970. The employer rejected this request and stated that claimant would not be able to take her vacation until the summer of 1971. Claimant left the job on September 11, 1970.

Opinion: The evidence establishes that the employer breached the agreement of hire by refusing to allow claimant to take her vacation after she had worked one year. Accordingly, we conclude that claimant had good cause to leave the job when the employer unreasonably insisted that she wait until the following summer to take her vacation.

Decision: The initial determination of the local office is overruled.

The decision of the referee is reversed."

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