NEW YORK UNEMPLOYMENT INSURANCE - PREGNANCY

In AB 543722 (Mailed and Filed February 6, 2009):

"The credible evidence establishes that the employer's client ended the claimant's assignment on March 14, 2008, due to the claimant's pregnancy. We reject the employer's contention that the claimant had resigned from employment in anticipation of the delivery of her child. In so doing, we note that the claimant had enjoyed the assignment and intended to work until the last possible moment for financial reasons. And, as the claimant did not deliver until April 2, she had no reason to end the assignment but for the client's discharge. We further note that the employer has produced no first-hand testimony to dispute the claimant's version of events, and in the absence of such first-hand testimony, the employer's hearsay cannot prevail. Thus, we conclude that that the claimant did not voluntarily resign from her employment without good cause, but instead, was discharged as a consequence of her pregnancy. Accordingly, we conclude that the claimant was separated from her employment under non-disqualifying circumstances."