Monday, April 2, 2012

NEW YORK UNEMPLOYMENT INSURANCE - DISABILITY AND CLAIMANTS

Certainly, in terms of voluntary separation and disability, working conditions which adversely affected health constituted good cause for voluntary leaving of employment. Here is an early Appeal Board case on the issue:

"A-750-298
Index 1655-1
NEW YORK STATE DEPARTMENT OF LABOR
UNEMPLOYMENT INSURANCE DIVISION
ADJUDICATION SERVICES OFFICE

APRIL 8, 1942

INTERPRETATION SERVICE - BENEFIT CLAIMS
VOLUNTARY LEAVING
Health, affected by working conditions
Appeal Board Case Number 6275-41


VOLUNTARY LEAVING- WORKING CONDITIONS ADVERSELY AFFECTING HEALTH
(SECTION 506.2 OF LABOR LAW)

Working conditions which adversely affected health constituted good cause for voluntary leaving of employment.

Referee's Decision: Initial determination disqualifying claimant for voluntary leaving employment without good cause is sustained. (9/4/41)

Appealed By: Claimant.

Findings of Fact: Claimant was employed as a secretary and stenographer, receiving $22.00 per week. Because of the large amount of work handled by claimant, the employer provided her with three other girls to assist her in the performance of her duties. These girls were inexperienced and accordingly claimant was required to carry the major burden of the work and compelled to work overtime. On or about August 1, 1941 a heated discussion ensued between claimant and the employer over the claimant's handling of a delinquent account. There was no question but that claimant handled the matter in accordance with the usual rules prevailing in the office. Because of her highly nervous condition, claimant in the heat of the argument resigned her position.

Appeal Board Opinion: The local office does not question claimant's availability for employment. Concededly she is willing to work under conditions that commonly prevail in the labor market. We believe that under the circumstances of this case, claimant had good cause in the interest of her health and well-being for voluntarily leaving her employment.

Decision: Claimant left her employment with good cause. Initial determination of local office is overruled. Decision of referee is reversed. (1/26/42)"

2 comments:

  1. This is really a very nice plan for unemployed person.

    Volunteer services

    ReplyDelete
  2. I publish the above comment with this caveat from the DOL's FAQ web page:

    "Q: What if I do volunteer work?

    A: In certain instances, you may collect unemployment benefits while you do volunteer work. You must meet all of these conditions:

    The volunteer work is for a charitable, religious or cultural organization.

    AND.

    You do not receive payment in any form for your volunteer work.

    (Example: if you "volunteer" at a school in exchange for tuition abatement or scholarship, we do not consider this true volunteer work. This work would affect your eligibility for unemployment benefits.)

    AND

    The volunteer work is not a precondition to being hired or rehired into a paid position.

    (Example: if you volunteer while on a lay-off from a social services agency that is between budgets or grants, we do not consider this true volunteer work. This work would affect your eligibility for unemployment benefits.)

    AND

    Your volunteer duties do not interfere with your ability to search for work.

    AND

    Do not affect or limit the number of days and hours you are willing to work."

    ReplyDelete