VOLUNTARY SEPARATION

INDEX 1600 TO 1799

TABLE OF CONTENTS



Introduction 1600

General 1605

  1. Voluntary or involuntary

  1. Existence of employment relationship

  1. Last employment, controlling separation

  1. Effective date and termination

  1. Voluntary separation or misconduct

  1. Voluntary separation or refusal

  1. Voluntary separation or industrial controversy

 

Actions leaving the employer no choice 1610

Anticipation of discharge or layoff 1615

Conscience 1620

Corporate officer or stockholder 1625

Domestic reasons 1635

  1. Children, care of

  1. Household duties

  1. Illness in household

 

  1. Domestic Violence

Experience and training 1640

  1. Higher Skill

  1. Assignments to other work

  1. Desire for different work or advancement

 

Following spouse or partner 1645

  1. Moving with spouse

  1. After a delay

 

Grievance and objections 1650

  1. Action of employer or fellow employees (annoyances)

  1. Discrimination

  1. Disciplinary action (imposition of penalty or reprimand)

  1. Other

 

Health 1655

Hours 1660

  1. Arrangements of hours (night vs. day shift, etc.)

  1. Increase in hours: overtime

  1. Reduction in hours (See Index 1740B)

 

Irregular, part-time or temporary employment 1665

Marriage 1670

Military service 1675

Move from locality 1685

  1. Divorce

  1. Housing Problem

  1. Medical reasons

  1. Move with family

  1. Other reasons for moving

 

Pension or retirement 1690

Pregnancy 1695

Prospect of other work 1700

Reduction-in-force situations 1705

Safety 1710

School or training course, quit to attend 1715

Self-employment, quit to enter 1720

Travel time, method or cost 1722

Union relations 1725

Vacations, trips, leaves of absence 1730

Violation by employer of terms of employment 1735

  1. Wages

  1. Promotion

  1. Job duties

  1. Other terms and conditions

 

Wages 1740

  1. Dissatisfaction with wages

  1. Reduction of wages

  1. Deductions from wages

  1. Failure to pay

 

Waiver of retention rights 1745

Other reasons 1750

 


1600. Introduction

The Unemployment Insurance Law requires that a claimant voluntarily separated from employment be disqualified if the separation is "without good cause" (sub. sec. 593.1 (a)), or due to the claimant's "marriage" (sub. sec. 593.1 (b)). This applies to any voluntary separation after which claimant has not worked in subsequent employment and earned remuneration at least equal to five times the benefit rate. (See Field Memo 3-99 for detailed discussion of "controlling" employment.)

The term "voluntary separation" as used in the statute means leaving employment of one’s own free will. It includes resignations other than those submitted at the employers insistence, and failure to return to work following a temporary layoff or leave of absence. A claimant discharged because of volitional acts which leave the employer no choice but to terminate the employee, pursuant to law, governmental regulations or contract is also voluntarily separated from employment. (Matter of Malaspina, 309 N.Y. 413; Matter of Dounn, 71 AD 2d 746)

Once it is established that a claimant's separation is voluntary, the local office must determine whether the circumstances of the separation were "without good cause." Section 593.1 (a) provides that "In addition to other circumstances that may be found to constitute good cause, voluntary separation from employment shall not be in itself disqualify a claimant if circumstances have developed in the course of such employment that would have justified the claimant in refusing such employment in the first instance ..." under the terms of sub. sec. 593.2...; or "if a claimant, pursuant to an option provided under a collective bargaining agreement or written employer plan which permits waiver of his right to retain the employment when there is a temporary layoff because of lack of work, has elected to be separated for temporary period and the employer has consented thereto. "

Statutory good cause is also provided by sub. sec. 599.2 for claimants leaving employment which is not "suitable employment" to enter training approved under the Federal Trade Act of 1974. "Suitable employment" is defined as "work of a substantially equal or higher skill level than the claimant's past adversely affected employment and for which the remuneration is not less than eighty percent of the claimant’s average weekly wage." This exception does not apply to any other training program.

In addition to the statutory reasons above, numerous other conditions may provide good cause for leaving employment. In general, to qualify for benefits a claimant who voluntarily leaves employment must have had a compelling reason for leaving and must have made a reasonably prudent attempt to resolve the problem and protect the employment.

When interviewing claimants regarding the issue of voluntary separation, claims personnel should consult the appropriate Fact Finding Guide cards for a checklist of questions to be explored. Determinations should be made in accordance with the principles reported in this section of the Interpretation Service Index, and the policies set forth in relevant Special Bulletins (A-710 series).


Index 1600-1799
Voluntary Separation

1605. General

  1. Voluntary or involuntary
    1. Where claimant, given the option to resign or be discharged because of disagreements with foreman, resigned, it was held leaving was not voluntary. (A.B. 8963-43; A-750-455)
    2. Where an employer offered a choice of dates for terminating the employment, a claimant does not become subject to a disqualification for voluntary leaving by a selection of the earlier of two dates since exercising such option does not make the separation voluntary. (A.B. 141,874; A-750-1687; similarly, App. Div., Matter or Ziembiec, 62 A.D. 2d 1105)
    3. There is a voluntary leaving of employment and not a discharge if an employer does not permit claimant to withdraw a resignation which had already been accepted. (A.B. 43,891- 54; A-750-1294; similarly, Matter of Rubin, 37 A.D. 2d 910)
    4. If a claimant, for reasons which do not constitute good cause, gives his employer notice of leaving the employment and agrees to remain until a replacement has been obtained, but no later than a specified final day, and his services are terminated before such final day when the employer secures the replacement, the disqualification for voluntary quit takes effect immediately although the claimant was willing to continue working. (A.B. 39,527-53; A-750-1224).
    5. If a claimant gives notice of leaving employment at a future date, but is discharged for that reason at an earlier date, there may not be a disqualification for voluntary leaving because the separation on the earlier date is not voluntary. (Matter or Senator, 76 AD 2d 652, A-750-1897)
    6. A claimant who has received a notice of discharge for reasons not constituting misconduct does not voluntarily leave employment by refusing to work the last two days before the effective date of discharge. (A.B. 329,055; A-750-1914)
    7. Advancing the effective date of a claimant's resignation by four days with the claimant's consent does not alter the voluntary nature of the separation. (A.B. 332,322; A-750-1933)
    8. A claimant who waives job retention rights and accepts separation from employment pursuant to a collective bargaining agreement or written employer plan with no definite date to return to work voluntarily leaves employment without good cause. Separation for a "temporary period" requires an agreement between the employer and the claimant at time of separation as to the duration of the layoff. (Matter of Violanti. 89 A.D. 2d 727; A-750-1932)
    9. A claimant who, given the option of accepting employment for a three week or six-week period chose a three-week assignment, is not subject to disqualification for voluntary leaving employment when at the expiration of three weeks there was no further work available. (A.B. 353,397; A-750-1954)
    10. If a claimant, following a voluntary quit for non-compelling reasons and before filing a claim for benefits, is subsequently re-employed by the former employer to train his/her replacement and then is separated following the completion of the training period, the claimant should be disqualified for voluntary leaving of employment without good cause. (Matter of Kyle Kindlon 114 AD 2d 730; A-750-1970)
    11. A claimant, who is discharged immediately upon giving notice of intent to leave at a future date for personal, non- compelling reasons, has voluntarily quit his job without good cause if the employer pays, upon separation, an amount equivalent to the salary claimant would have received through the intended date of leaving. (A.B. 389,848A; A-750-2001)
    12. A claimant's choice to leave employment due to a change in claimant's school schedule which the employer is unable or unwilling to accommodate, while continuing work is available in the claimant's usual schedule, is tantamount to a voluntary leaving of employment without good cause. (A.B. 388,505; A-750-1994)
    13. Claimant, having given two weeks notice, is subject to a misconduct determination when discharged earlier if, by her actions, she demonstrates she does not intend to perform her job duties. (A.B. 394,334; A-750-2022)
    14. An elected official becomes involuntarily unemployed upon expiration of his term of office; despite the fact that he chose not to seek re-election. (A.B. 398,861; A-750-2026)
    15. Where a definite date of separation under non-disqualifying conditions has been set by the employer, a request by claimant to leave the job at an earlier date, when agreed to by the employer, did not constitute a voluntary leaving without good cause. (A.B. 405,053; A-750-2038)
  2. Existence of employment relationship
    1. A claimant who is laid off for an indefinite period with no expectation for recall within a reasonable time does not voluntarily leave his employment upon submitting his resignation. (A.B. 125,142; A-750-1645)
    2. If claimant's services are terminated under an employer's policy requiring employees to cease working at a given stage of pregnancy, there is no voluntary leaving of employment even though the claimant declined to accept a maternity leave. (A.B. 149,438; A-710-1716. See "Comments")
    3. A voluntary quit disqualification was upheld in the case of a claimant who ceased working voluntarily, rejected a maternity leave without a valid reason, and filed before childbirth: A.B. 195,433; and a claimant who filed after childbirth: A.B. 191,796)
    4. A veteran, although he has reinstatement rights under the Universal Military Training and Service Act, does not voluntarily leave his employment when he fails to apply for his former job and, therefore, cannot be disqualified for that reason. (Matter or Lungarelli, 22 N.Y. 2d 394; A-750-1700)
    5. A claimant who discontinues reporting to employer on a daily "shape-up" basis by which he had received only occasional work as a relief man may not be disqualified for voluntary leaving of employment. (A.B. 48,186-55; A-750-1343)

    (Conversely, a voluntary quit disqualification applied when by such method claimant had received from two to four days work per week from his last employer: A.B. 255,199)

    1. A claimant, who files for benefits while continuing on a leave of absence which may be terminated at claimant's volition, is subject to disqualification for voluntary leaving even though claimant had intervening employment which ended under nondisqualifying conditions. (A.B. 370,237; A-750-1978)
    2. A claimant, who is discharged immediately upon giving notice of intent to leave at a future date for personal. non-compelling reasons, has voluntarily quit his job without good cause if the employer pays, upon separation. an amount equivalent to the salary claimant would have received through the intended date of leaving. (A.B. 389,848A; A-750-2001)
  3. Last employment, Controlling Separation
    1. A claimant, not entitled to reinstatement under the Law to the job which he voluntarily left without good cause prior to his military service, may not be disqualified for such leaving upon filing for benefits after his discharge from military service. (Ref. Case 511-159-53R; A-750-1212)
    2. The rule previously reported here is obsolete.
    3. Claimant is subject to disqualification when she leaves employment without good cause (to avail herself of pension rights) even though she continued to work at a part time job two or three nights a week since, under such circumstances, the part time employment was not her last "terminated" employment for the purpose of a voluntary leaving disqualification. (The "continuing"' employment is used to terminate the disqualification) (A.B. 77,075-60; A-750-1540; similarly, A.B. 289,897)
    4. The principle established by Court decision (Matter of Emery: 281 A.D. 2d 426; A-750-1207) that a self-employed claimant is not totally unemployed does not mean that self-employment constitutes "employment" for any of the other purposes of the Unemployment Insurance Law. (A.B. 42,399- 54; A-750-1260)
    5. A claimant who files for benefits after the effective date of voluntary retirement from public employment is subject to disqualification for quitting such employment, even though, while liquidating his leave time prior to retirement, he obtained other work which ended before the retirement date. Under these circumstances the employer from whom he retired is the last employer prior to filing the claim. (A.B. 284,249; A-750-1878)
    6. If a claimant, following a voluntary quit for non-compelling reasons and before filing a claim for benefits, is subsequently re-employed by the former employer to train his/her replacement and then is separated following the completion of the training period, the claimant should be disqualified for voluntary leaving of employment without good cause. (Matter of KyIe Kindlon, 114 A.D. 2d 730: A-750-1970)
    7. A claimant, who files for benefits wile continuing on a leave of absence which may be terminated at claimant’s volition, is subject to disqualification for voluntary leaving even though claimant had intervening employment which ended under nondisqualifying conditions. (A.B. 370,237; A-750-1978)
    8. In determining separation from "last employment", the statutory definition of "employment" and its exceptions will govern the interpretation of the words "last employment". (Matter of David Gruber, 89 2d 225; A-750-2100)
  4. Effective date and termination
    1. If a claimant, for reasons which do not constitute good cause, gives his employer notice of leaving the employment and agrees to remain until a replacement has been obtained, but not later than a specified final day, and his services are terminated before such final day when the employer secures the replacement the disqualification for voluntary quit takes effect immediately although the claimant was willing to continue working. (A.B. 39,527-53; A-750-1224)
    2. "Subsequent" employment which terminates a disqualification does not have to be new employment so that part-time employment continuing from before the date on which a disqualification was incurred meets the requirement of the Law. (Matter of Cowan, 17 A.D. 2d 232; A-750-1565)
    3. A back-pay award is "earned" remuneration for employment usable in terminating a disqualification. (A.B. 129,914; A-750-1652)
    4. Vacation pay is not usable in terminating a disqualification since it is not "subsequently" earned remuneration. (A.B. 144,502; A-750-1696)
    5. The principle established by Court decision (Matter of Emery, 281 A.D. 2d 426; A-750-1207) that a self-employed claimant is not totally unemployed does not mean that self-employment constitutes "employment" for any of the other purposes of the unemployment insurance law. (A.B. 42,399-54; A-750-1260)
    6. Obsolete See A-710-36 (Oct. 19, 1998)
    7. Members of the Reserve Component of the Armed Forces of the United States are totally unemployed while engaging in weekly drill sessions. Participation in and pay received for such drills are neither employment nor remuneration, and may not be used to terminate a disqualification. (A.B. 344,489; A.B. 344,490; A-750-1949)
    8. Failure to return to work following a temporary layoff of definite duration is a voluntary separation from employment. The disqualification, if warranted. is effective the pre-established recall date. (A.B. 329,642; A-750-1917, Rev.)
    9. When a claimant voluntarily resigns without good cause, prior to a scheduled temporary lay-off, the effective date of disqualification is the day following the last day of claimant's employment even though this date coincides with the date of the scheduled temporary lay-off. (A.B. 411,606; A-750-2049)
    10. A disqualification from benefits can only be terminated by "employment" as defined in the statute. The statutory definition of "employment" and its exceptions will govern the interpretation of the term "employment". (Matter of Kent A. Greene, 89 NY 2d 225; A-750-2101)
    11. Employment performed in another state which is not excluded employment in that state can be used for the purpose of terminating a prior disqualification. (A.B. 462,249; A-750-2102)
  5. Voluntary separation or Misconduct
    1. There is no statutory authority for a disqualification on the grounds of a "provoked discharge"; and, therefore, if an employer decides to discharge a claimant because of an act or omission which is detrimental to his interests, there can only be a misconduct disqualification. (Matter of James, 34 N.Y. 2d 491; A-750-1775).
    2. Failure to file a grievance in response to proposed disciplinary action, is not tantamount to voluntary leaving of employment without good cause unless there is some accompanying affirmative act by the claimant signifying voluntary separation. (A.B. 359,061; A-750-1963)
    3. A claimant who voluntarily leaves his or her position in the face of pending disciplinary charges may qualify for Unemployment Insurance Benefits if the claimant’s actions do not constitute misconduct. (A-750-2143)
  6. Voluntary separation or Refusal
    1. When a claimant quits employment which he had accepted in good faith, voluntary leaving and not refusal is at issue, even though the claimant worked in the employment for less than one-half day. (Matter of Centonze. 54 A.D. 2d 523; A-750-1421)
    2. Where claimant refused to return to former employment after an absolute lay-off with no definite date set to return, the proper issue is refusal of employment; however, if a definite date is set to return, the issue is one of voluntary leaving. (A.B. 21,654-49; A-750-929)
    3. Severance of employment at the termination of a voyage and upon the receipt of Certificate of Discharge issued by the United States Coast Guard, but after continuing work was offered, was voluntary leaving of employment and as the principal reason for so doing was that the voyage was ended, the leaving was without good cause. (Ref. 510-282-48R; A-750-851)
    4. Where night work affected claimant's health, unwillingness to accept transfer to same work on day shift at prevailing wages resulted in disqualification for voluntary leaving of employment without good cause and not for refusal of employment. (A.B. 10,324-44; A-750-572; similarly A.B. 28,738-52)
    5. Rejection of an offer for continuing employment with a new owner of the business constitutes a voluntary leaving of employment. (A.B. 149,204; A-750-1715)
    6. A claimant who was hired for a specified period is subject to disqualification for voluntary leaving of employment if he rejects an offer of continuing work upon expiration of that period. (A.B. 264,829; A-750-1856)
    7. A layoff due to lack of work with no definite date of recall severs the employer/employee relationship, notwithstanding claimant's retention of union seniority and recall rights. (A.B. 329,932; A-750-1913)
    8. Failure to return to work following a temporary layoff of definite duration is a voluntary separation from employment. The disqualification, if warranted, is effective the pre-established recall date. (A.B. 329,642; A-750-1917, Rev.)
    9. When a claimant voluntarily resigns without good cause, prior to a scheduled temporary lay-off, the effective date of disqualification is the day following the last day of claimant's employment even though this date coincides with the date of the scheduled temporary lay-off. (A.B. 411,606; A-750-2049)
    10. Claimant's refusal to accept reinstatement following a disciplinary suspension, because such reinstatement is contingent upon a probation period wherein claimant could be summarily discharged for a violation of company rules; was tantamount to voluntary leaving of employment without good cause. (A.B. 374.677; A-750-1987)
  7. Voluntary separation or industrial controversy
    1. Failure to return to work upon the termination of an industrial controversy constitutes voluntary leaving of employment which is without good cause when claimant's union had directed its members to return to work. (A.B. 34,274-52; A-750-1181)

1610. Actions leaving the employer no choice

  1. Claimant's loss of employment because of failure to join a union as required by the collective bargaining agreement in effect in the employer's establishment constitutes a voluntary leaving of employment without good cause. (Matter of Malaspina, 309 N.Y. 413, aff’g 285 App. Div. 564; A-750-1286(Rev.))
  2. Refusal by claimant to fill out a personnel security questionnaire which was a condition to continuance in employment, and was required by the Federal Department of Defense from the employer's employees, constitutes a voluntary leaving of employment without good cause. (A.B. 49,803-55; A-750-1367)
  3. Loss of employment by a county employee because of failure to maintain residence in that county as required by law is a voluntary leaving of employment without good cause. (Matter of Keenan, 51 A.D. 2d 596; A-750-1804)
  4. Refusal of a police officer's request to take a chemical test for intoxication, resulting in revocation of operator's license and consequent loss of employment as cab driver, constitutes voluntary leaving without good cause. (Matter of Donahue, 33 A.D. 2d 848; A-750-1720)
  5. Discharge from employment requiring the operation of a motor vehicle because claimant's driver license was revoked. is considered a voluntary leaving of employment without good cause when the claimant should have known that his action (speeding) could result in such revocation of license, even though he committed the offense while operating his own automobile in personal business. (A.B. 69,737-59; A-750-1506; similarly, Matter of Cromartie, unreported, A.D. 77-193)
  6. When an employer has no choice but to discharge an employee because his conduct results in his employment no longer being permitted by law or governmental regulation, the termination is a voluntary leaving of employment by provoked discharge. It is immaterial that the conduct resulting in dismissal was not in connection with the employment from which he was discharged. (Matter of Dounn, 71 A.D. 2d 746; A-750-1887)
  7. A provisional Civil Service employee who was aware of the requirement to take a Civil Service examination to retain employment but chose not to do so for personal reasons is subject to disqualification for voluntary separation when the employer is required to permanently fill all its positions with candidates who passed the test. (A.B. 339,362; A-750-1944)
  8. A provisional Civil Service employee who does not take the test necessary for permanent appointment and is subsequently terminated is not subject to disqualification for voluntary separation when the list established from the test is exhausted before all items are filled and some provisional employees are retained by the employer. (A.B. 335,863A; A-750-1945)
  9. A claimant discharged for failing to maintain a valid driver's license, a necessary condition of employment is not subject to disqualification when the loss of the license is not caused by the claimant's act. There is no misconduct or voluntary separation ("provoked discharge") unless the loss of employment results from the claimant's volitional act or omission. (A.B. 343,898; A-750-1948)
  10. A corporate officer whose license is revoked due to professional misconduct, and who cannot continue to operate the corporation without the license, loses employment through voluntary leaving without good cause. (A.B. 344,588; A-750-1952)
  11. Claimant who is held to be an unacceptable risk by the employer's insurance carrier is not subject to a voluntary quit disqualification for provoked discharge, because the employer is not without any option to seek coverage elsewhere. Instead, claimant's behavior that led to the negative evaluation of his insurance risk should be examined to determine whether misconduct in connection with employment has arisen. (A.B. 473,758; A-750-2103)

1615. Anticipation of discharge or layoff

  1. Leaving employment at any time on the last day may not be made the basis for a voluntary quit disqualification. (A.B. 61,771)
  2. Where a definite date of separation under non-disqualifying conditions has been set by the employer, a request by claimant to leave the job at an earlier date, when agreed to by the employer, did not constitute a voluntary leaving without good cause. (A.B. 405,053; A-750-2038)
  3. An assumption by claimant that because of an argument with his foreman he would be discharged did not constitute good cause for voluntary leaving of employment. (A.B. 9189-43; A-750-456)
  4. Voluntary leaving of Federal employment because misconduct charges are pending is without good cause regardless of whether the charges would ultimately justify dismissal. (A.B. UCFE-774; A-750-1573)
  5. Where claimant knew that taking and passing an examination were conditions imposed for continuing in employment (postal clerk), resignation because of unwillingness to take the examination constitutes a voluntary leaving of employment without good cause. (A.B. UCFE-10-55; A-750-1373; similarly, Matter of Gordon, 51 A.D. 2d 613)
  6. A claimant who has received a notice of discharge for reasons not constituting misconduct does not voluntarily leave employment by refusing to work the last two days before the effective date of discharge. (A.B. 329,055; A-750-1914)
  7. A claimant who waives job retention rights and accepts separation from employment pursuant to a collective bargaining agreement or written employer plan with no definite date to return to work voluntarily leaves employment without good cause. Separation for a "temporary period" requires an agreement between the employer and the claimant at time of separation as to the duration of the layoff. (Matter of Violanti, 89 A.D. 2d 727; A-750-1932)
  8. When an employee has been informed by the employer that unless there is an immediate reduction in force the employer will discharge its entire staff and permanently discontinue business, the employee's acceptance of a financial incentive to accept voluntary layoff is a voluntary separation with good cause. (A.B. 351,883; A-750-1956)
  9. Failure to file a grievance, in response to proposed disciplinary action, is not tantamount to voluntary leaving of employment without good cause unless there is some accompanying affirmative act by the claimant signifying voluntary separation. (A.B. 359,061; A-750-1963)
  10. Obsoleted by A-710-2074
  11. A claimant who voluntarily leaves his or her position in the face of pending disciplinary charges may qualify for Unemployment Insurance Benefits if the claimant’s actions do not constitute misconduct. (A-750-2143)

1620. Conscience

  1. A sincere objection against working on military implements of destruction because of religious beliefs, acceptance of such work being in fact an offense to claimant's religious and moral conscience. is not a proper basis for disqualification for voluntary leaving employment without good cause when claimant was transferred to such work from work which was not objectionable to him. (A.B. 34,048-52; A-750-1161)
  2. A conscientious objector who accepts alternative civilian service assigned by his draft board under the Selective Service Law is not subject to a voluntary leaving disqualification if he leaves such assignment at the termination of his period of obligation. (Matter of Fleischman, 43 A.D. 2d 624; aff’g A.B. 174, 361; A-750-1754)
  3. Voluntarily leaving of employment by the editor of a newspaper because he could not in good conscience agree with employer's policy regarding the endorsement of political candidates is without good cause since (1) claimant refused to meet a condition of employment as it was the employer's prerogative to determine editorial policy and (2) as editorials were unsigned, claimant's compliance would not impinge upon his freedom of personal political choice or action. (Matter of Moran, 34 A.D. 2d 694 aff’g A.B. 137,451; A-750-1671)
  4. (a) Refusal by claimant to cross a picket line maintained at his job site by striking employees of another employer operating at the same location, does not subject him to suspension for industrial controversy when no industrial controversy exists "in the establishment" where he is employed.

    (b) Such refusal is with good cause, not only when there is fear for personal, safety but also if claimant' s union standing would be jeopardized. (Matter of Buckley, 31 N.Y. 2d 950, A-750-1749 rev.)
  5. When there is no fear of physical harm or disciplinary action by claimant's union refusal as a matter of principle to cross a picket line was a voluntary leaving without good cause. (A.B. 175,521)
  6. Refusal to attend work or to perform tasks which would violate one's religious beliefs is not disqualifying. (A.B. 452,775; A-750-2086)

1625. Corporate officer or stockholder

  1. If a claimant becomes unemployed as the result of the sale of his corporate stock, a disqualification for voluntary leaving of employment is proper unless the claimant had compelling, as differentiated from personal and non-compelling, reasons for such sale. (A.B. 90,801; A-750-1581; similarly, Matter of Lieberman, 25 A.D. 2d 903; Matter of Amato, 26 A.D. 2d 599)
  2. Where claimant, a principal stockholder, participated in the decision to dispose of the corporate "business" (a hotel), not because of a compelling need but because of a profitable economic advantage, such action which resulted in claimant's unemployment is tantamount to voluntary leaving without good cause. (A.B. 101,790; A-750-1597)
  3. Claimant, a minority stockholder, threatened by other stockholders with a dissolution of the corporation if he failed to sell his shares and sever his employment with the corporation, leaves his employment with good cause for compelling reasons when he yields to such demands. (A.B. 61,586-57; A-750-1470)
  4. An officer-stockholder of a corporation who is forced out of his job does not quit voluntarily even though, as a consequence, he sells his stock interest. (Ref. 511-42-57R; A-750-1456)
  5. An officer and stockholder who sells the corporate business for non-compelling reasons, but agrees to remain as an employee for a short period to assist in the transition, is subject to disqualification for voluntary separation when (s)he is subsequently laid off. (A.B. 169,491)
  6. A corporate officer whose license is revoked due to professional misconduct, and who cannot continue to operate the corporation without the license, loses employment through voluntary leaving without good cause. (A.B. 344,588; A-750-1952)
  7. A corporate officer, who discontinues his business because he can no longer run it according to his personal preferences and does not take adequate steps to continue in business or adapt to current business realities, quits without good cause. (A.B.392,727; A-750-2014)
  8. Despite a corporate officer's contention that he was forced to sell his business due to losses, the claimant quits without good cause when the business continued to pay the officers' salaries, found a buyer who continued to run the business and there was no specific factor or event which changed the viability of the business. The claimant failed to establish the business was no longer viable. (A.B.442,233; A-750-2070)

1635. Domestic reasons

  1. Children, care of
    1. Voluntary leaving is with good cause where claimant is required to take care of her infant child at home. (A.B. 6184-41)
    2. Where claimant had engaged someone to care for children, leaving employment to be with them during the summer is without good cause since claimant's presence was not a compelling necessity. (A.B. 118,559; A-750-1628)
    3. Unwillingness to work on Saturday because of self-assumed duty of caring for grandchild did not constitute such a compelling domestic circumstance as to amount to good cause for voluntarily leaving employment. (A.B. 13,261-46)
    4. Voluntary leaving is with good cause despite the fact that childcare is available, when claimant, a single parent. is permanently assigned to a shift that precludes her from spending any time with her children. (A.B. 390,586; A-750-1998)
    5. Voluntary leaving of employment to stay home and provide childcare is without good cause when claimant fails to pursue available alternatives offered by the employer (i.e., a change in hours or a leave of absence). (A.B. 414,684; A-750-2057)
  2. Household duties
    1. A claimant who leaves employment to devote herself to household duties in her own home does so with good cause but is unavailable. (A.B. 7208-42).
    2. Requirement of overtime work by a typist in a department store during the Christmas seasonal rush was not good cause for voluntarily leaving such employment even though household duties would be interfered with since only personal inconvenience would be caused and not actual hardship. (A.B. 18,911-49; A-750-877)
    3. A claimant who refuses to accept a change in hours from 9:00 am. to 5:30 p.m., to 10:00 a.m. to 7:00 p.m. because it would interfere with preparing dinner for a spouse and teenage child voluntarily leaves employment without good cause. (Matter of Weiss, 26 A.D. 2d 851)
  3. Illness in household
    1. Voluntary leaving is with good cause where a claimant is needed at home to care for ill members of his family. In such cases, however, the claimant is not eligible for benefits because of unavailability. (A.B. 16,574-48; A.B. 15,748-48).
    2. A claimant who leaves employment rather than accept a leave of absence to care for an ill family member does so without good cause. (A.B. 217,531)
  4. Domestic Violence
    1. When evaluating whether a claimant’s voluntary separation from employment occurred “as a consequence of circumstances directly resulting from the claimant being a victim of domestic violence” the totality of circumstances must be evaluated.  No single factor is determinative.  (Matter of Loney, 287 AD 2d 845; A 750-2120).
    2. When claimant is stalked near her place of employment by an ex-husband who has a history of violence toward her and her children, she has a reasonable fear for her safety, and good cause to quit her job to relocate. (AB 530403; A 750-2121).
    3. A claimant who failed to seek an Order of Protection before quitting to relocate in order to remove herself from a dangerous domestic situation is not subject to disqualification when other evidence established that she acted from genuine fear for her personal safety and the safety of her children.  (A.B. 529594A; A 750-2122).

1640. Experience and training

  1. Higher skill
    1. A full-charge bookkeeper who obtained employment as an assistant bookkeeper and left shortly thereafter because of the requirement to devote one day a week to payroll posting work such duties not being mentioned at the time of hiring and which allegedly were distasteful and hard on the eyes, voluntarily left employment without good cause since she was properly fitted for the job by training and experience and to make a distinction between general bookkeeping and bookkeeping duties which include payroll work draws too fine a line. (Matter of Muir, 217 App. Div. 1086; A-750-966)
    2. Voluntary leaving after five weeks of employment as a biller-typist which work was accepted by a stenographer without a promise or representation when she was employed that she would be given stenographic work, was without good cause, even though she might have had good cause for refusing such employment initially. Claimant had no prospects of employment when she left and was unemployed for three months thereafter. (A.B. 13,906-46; A-750-773)
    3. Where a sales engineer accepted employment as a timekeeper and material checker and voluntarily left after ten weeks because of a belief that he could obtain a position more in keeping with his prior earnings and type of work, such leaving was held to be without good cause since he left his job at a time when there was work available for him and he had no definite assurance of a job. (A.B. 24,039-50; A-750-984)
    4. Claimant who had accepted transfer to a job in a lower classification and with reduced wages in accordance with a "bumping" privilege of the union contract does not have good cause to leave employment in such classification after three months since nothing developed during the three month period to justify his refusing the employment in the first instance. (A.B. 84,943-61; A-750-1567; See Matter of Sellers, 13 A.D. 2d 204; A-750-1550)
  2. Assignment to other work
    1. Where an accountant quit because he was asked to do routine work of a clerical nature associated with his regular work with no loss in pay. it was held that his quitting was without good cause. (Matter of Smith, 269 App. Div. 795; A-750-635; similarly, Matter of Karman. 2 A.D. 2d 626)
    2. Requirement that a clerical worker do billing machine work temporarily because of an emergency without a change in salary, did not constitute good cause for voluntary leaving. (A.B. 13,969-46)
    3. Transfer to other work comparable to work previously performed without change of pay was not good cause for voluntary leaving of employment. (A.B. 8337-42, A-750-420; similarly, A.B. 34,199-52)
    4. Where claimant's job (as section head at $66.25 per week) is abolished because of reorganization, voluntary leaving of employment instead of accepting transfer to her position previously held (stock control clerk at $61.75 per week) is without good cause when claimant is fitted by training and experience for such employment and the rate of pay is not substantially less favorable than that prevailing for similar work in the locality. (A.B. 47,444-54; A-750-1336)
    5. Choosing layoff rather than accepting transfer to another job because it would entail a substantially reduced rate of pay is a leaving of employment without good cause, provided the offer meets the statutory tests including those of suitability and prevailing wages. (Matter of Bus, 32 NY 2d 955; aff’g 37 A.D. 2d 98; A-750-1741)
    6. A claimant who was hired as a laborer but advanced to higher-paying skilled jobs which he performed satisfactorily for a substantial period immediately prior to layoff, with only sporadic and infrequent work as a laborer during that time, is not reasonably fitted by training and experience for a laborer job and is not subject to disqualification for voluntary leaving when he chooses layoff rather than accepting such unskilled work. (A.B. 167,920A; A-750-1758)
    7. A permanent public employee, appointed to a higher graded position on a provisional basis does not have good cause to leave employment when the provisional appointment is terminated and the employee reverts to his permanent position. (A.B. 300,900; A-750-1901)
    8. A union agreement providing for an offer of alternative work in lieu of layoff does not preclude the Commissioner of Labor from determining whether the work is suitable for the claimant. (Matter of Green, 37 N.Y. 2d 554)
    9. Choosing layoff rather than accepting demotion to a position previously held, is a voluntary quit without good cause when the employer, after a reasonable trial period, determined that claimant is not performing satisfactorily in the new position. (A.B. 406,302; A-750-2045)
  3. Desire for different work or advancement
    1. No prospects for advancement and preference for other work did not constitute good cause for voluntarily leaving employment. (A.B. 6539-41; A-750-300)
    2. Voluntarily leaving employment, as trainee-manager, accepted with full knowledge of the duties involved, because of disappointment with progress in three months and disagreement with the employer's method of training, which included laboring work as warehouseman is without good cause. (A.B. 34,697-52; A-750-1169)
    3. A claimant who was employed for several years as a retail salesman and upon graduation from law school and admission to the bar, voluntarily left that employment to seek employment with law firms, was held to have left employment without good cause. (Matter of Pillersdorf, 278 App. Div. 59; aff’g A.B. 22,361-50; A-750-948 (Rev))
    4. A veteran, although he has reinstatement rights under the Universal Military Training and Service Act, does not voluntarily leave his employment when he fails to apply for his former job and, therefore, cannot be disqualified for that reason. (Matter of Lungarelli, 22 N.Y. 2d 394; A-750-1700)
    5. A conscientious objector who accepts alternative civilian service assigned by his draft board under the Selective Service Law is not subject to a voluntary leaving disqualification if he leaves such assignment at the termination of his period of obligation. (Matter of Fleischmann, 43 A.D. 2d 624; aff’g A.B. 174,361; A-750-1754)

1645. Following spouse or partner

  1. The existence of a marital relationship is not necessary for the claimant to show good cause to follow a domestic partner to another locality. Where it is shown that the partner had good cause to move, maintaining an emotionally and financially interdependent committed relationship with a partner constitutes good cause for voluntarily leaving one's employment to relocate. (A.B. 513,233A; A-750-2119)

NOTE: All entries in A and B below apply to "domestic partner" as well as "spouse".

  1. Moving with spouse
    1. Claimants who leave their jobs to relocate to another locality must demonstrate they have good cause, aside from maintaining the marital relationship, to do so. (A.B. 387,494; A-750-2009)
    2. Quitting a job to move with a family unit to another area is with good cause provided the relocation is for a compelling medical reason. There is no requirement that the relocating claimant be rendering personal care to the member of the family unit. (A.B. 382,574A; A-750-2003)
    3. Quitting a job to follow a spouse who moves to another locality after retiring for medical reasons is without good cause unless there is medical evidence that the spouse's condition would benefit from taking up residence in the new locality. (A.B. 391,034; A-750-2004)
    4. Quitting a job to move with a spouse who left the area for a personal, non-compelling reason (e.g. attendance at college), is without good cause. (A.B. 391,210A; A-750-2006)
    5. Quitting a job to move with a previously unemployed spouse who found work in a different locality is with good cause. (A.B. 382,135; A-750-2007)
    6. Quitting a job to move with a spouse who is transferred to a different locality is with good cause. (A.B. 383,990; A-750-2008)
    7. REMOVED
    8. If a claimant quits his job in order to move to the locality to which his wife had gone because of the child's illness, he is not subject to the disqualification even if his quitting for this reason occurs several months after his wife and child had moved, since his leaving was due to compelling circumstances in that the well-being of his ill child required his physical presence. (A.B. 78, 484: A-750-1549)
    9. Quitting a job to move with a spouse who voluntarily relocates to accept new employment in a different locality is with good cause. (A.B. 394,536; A-750-2023)
    10. Quitting a job to relocate with a spouse is without good cause, if the reason for the relocation is personal and non-compelling, not withstanding the fact that claimant’s spouse quit her job with good cause (to retire and withdraw from the labor market). (A.B. 396,137; A-750-2024)
    11. Quitting a job because of the increased travel time and distance involved is without good cause when claimant and a spouse had moved to be closer to the location of the spouse’s newly obtained employment, and the total travel time and distance is not unreasonable. (A.B. 398,342; A-750-2029)
    12. When a claimant plans to leave her employer after she marries, but the date to leave is indefinite and dependent on her spouse’s future permanent assignment to a specific location; the claimant’s subsequent quitting is due to following her spouse, not marriage, and is with good cause. (A.B. 403,739; A-750-2036)
  2. After a delay
    1. Claimant must show a compelling reason for the spouse's relocating, for a voluntary quit to follow the spouse to be with good cause. In addition, claimant must have formed an intent to relocate with the spouse, at the point of the spouse's departure. (Matter of Howe, 188 AD 2d 982; A-750-2089)
    2. Claimant may have good cause to quit employment, to rejoin a spouse who had relocated for good cause at an earlier time, if the temporary delay in following the spouse was due to a compelling reason, and was limited to a reasonable length of time. Claimant must act responsibly and diligently to resolve the causes of the delay. (A.B. 467,740; A-750-2090)
    3. When claimant intends to follow a spouse who relocated for good cause to another locality, a temporary delay due to efforts to sell a primary residence is not disqualifying, provided these efforts are conscientious and expeditious. (A.B. 469,653; A-750-2091)
    4. Claimant has a compelling reason to delay in following a spouse to another locality in order to allow a child to finish the school year. (A.B. 467,359; A-750-2092)
    5. Claimant who intends to live apart from her spouse indefinitely does not have good cause to quit employment to follow her spouse to another locality at a later time, unless a new, compelling change in circumstances necessitates the quit. (A.B. 468,058; A-750-2093)
    6. Claimant who intended to live apart from the spouse, but suffered emotional distress due to the separation, has good cause to quit employment in order to rejoin the spouse. (A.B. 434,814; A-750-2094)
    7. If claimant delayed relocating with her spouse to accommodate her employer's request, this delay should not result in a disqualification, when quitting at an earlier date would not have been disqualifying. (A.B. 457,410; A-750-2095)
    8. A claimant may have good cause to delay following a spouse who has relocated to begin new employment on a trial basis, until the spouse's job is secure. (A.B. 492,947A; A-750-2111)

1650. Grievances and objections

  1. Action of employer or fellow employee (annoyances)
    1. Incompatibility with an employer ordinarily does not constitute good cause for a voluntary quit unless accompanied by factors such as resulting impairment of the claimant's health or impugnment by the employer of claimant's honesty and integrity. (A-750-1243; A.B. 39,427-53)
    2. False accusations or constant insinuations made by the employer that claimant is dishonest may constitute good cause for voluntary leaving. (A.B. 13,297-46)
    3. Constant nagging by his supervisor, as distinguished from legitimate criticism, may constitute good cause for an employee's voluntary leaving of employment. (Ref. Dec. 51-325-52R; A-750-1138; similarly, A.B. 258,475A)
    4. When working conditions become intolerable because of continuous friction with supervisor, good cause may exist for voluntary leaving. (A.B. 12,979-46)
    5. Mere inability to get along with supervisor (clash of personalities) is not good cause for voluntary leaving. (A.B. 13.010-46)
    6. Mere displeasure with a co-worker's attitude in the absence of evidence that health was being impaired is not sufficient of itself to constitute good cause for voluntary leaving. (A.B. 16,683-48)
    7. Inability to get along with a fellow employee is not in itself good cause for leaving employment. (A.B. 7053-42)
    8. Being harassed and annoyed by co-workers to such an extent that health is adversely affected may be good cause for voluntary leaving. (A.B. 8108-42)
    9. A supervisor's continuing use of abusive profanity when reprimanding the claimant, despite complaints to the employer, provides good cause for voluntary leaving of employment. (A.B. 337,447; A-750-1941)
    10. Disagreement with an employer's new and reasonable "no smoking" policy, which makes provision to accommodate "smokers" does not constitute good cause for leaving employment. (A.B. 388,255; A-750-1991)
  2. Discrimination
    1. Discriminatory enforcement of company rule constitutes good cause for voluntary leaving of employment. (A.B. 6849-42, A-750-323)
    2. Promotion in disregard of seniority rights established by prevailing custom indicated discrimination and was good cause for voluntary leaving. (A.B. 1965-42; A-750-388)
    3. Claimant's leaving was with good cause where his monthly salary was reduced to correspond to a shorter work week, such reduction not being uniformly applied to all personnel in claimant's category, as the employer in effect materially altered the terms and conditions of the contract of hire. (A.B. 13,619-46; A-750-767)
    4. Where claimant voluntarily left her employment because her employer refused a salary increase to the same wage level as that paid to male co-workers for similar work, and it appeared that the differential in pay was based on experience and ability and not on sex discrimination, held that the leaving was without good cause. (A.B. 12,544-45; A-750-700(B))
    5. Employer's failure to fulfill promise to increase salary constitutes good cause for voluntary leaving of employment where co-workers in the same establishment received considerably more for the same work. (A.B. 6442-41; A-750-334)
    6. Failure to receive increase in pay, as did other employees doing same grade of work, such increase being based on seniority, was not good cause for voluntary leaving of employment, when claimant did not have necessary seniority. (A.B. 12,762-46; A-750-735)
    7. Where claimant voluntarily left her employment because she felt disappointed and aggrieved in not being promoted to a higher position for which she felt better qualified than the incumbent who was younger and had less formal education and seniority, such leaving was held to be without good cause since it was within the employer's province to fix qualifications and to make promotions in the organizations. (A.B. 22,402-50; A-750-935)
    8. Article 15 of the N.Y. State Executive Law, known as "The Human Rights Law", provides that it shall be an unlawful discriminatory practice for an employer (Section 296.1(a)) "because of the age, race, creed, color, national origin, sex, or disability or marital status of any individual *** to discriminate against such individual in compensation or in terms, conditions or privileges of employment and additionally (Section 296.3 (a)), because an individual is between the ages of eighteen and sixty-five *** to discriminate against such individual in promotion, compensation, or in terms, conditions, or privileges of employment."
  3. Disciplinary action (imposition of penalty or reprimand)
    1. Claimant was given permission to be absent for the morning as the result of a nervous condition from his being the cause of an accidental injury to a co-worker. After an absence of two days he was told to return at once or be discharged, whereupon he gave vent to an outburst of temper. Upon reporting for work two days thereafter and then being informed that he could return to employment but with the loss of all seniority rights and two weeks vacation then due, he voluntarily left. Held, his leaving, considering his highly nervous state at the time of his single outburst of temper, after an unblemished record of ten years, was with good cause. (A.B. 14,659-47; A-750-788)
    2. Justifiable criticism of work was not good cause for voluntary leaving of employment. (A.B. 7464-42; A-750-352)
    3. Resentment because of deserved reprimand for repeated absences from work was not good cause for voluntary leaving of employment. (A.B 10,713-44; A-750-573)
    4. Being told by her floor manager that if her work did not improve by the end of the following week she would be discharged did not constitute good cause for leaving employment. (A.B. 20,115-49. A-750-893)
    5. Being told to re-do some work to employer's satisfaction or leave the job does not constitute good cause for leaving employment where it appears that claimant's wages would not have been affected. (A.B. 48,005-54; A-750-1316)
    6. Claimant's refusal to accept reinstatement following a disciplinary suspension because such reinstatement is contingent upon a probation period wherein claimant could be summarily discharged for a violation of company rules; was tantamount to voluntary leaving of employment without good cause. (A.B. 374,677; A-750-1987)
  4. Other
    1. Dissatisfaction with employer's reasonable method of operation of business was not good cause for voluntary leaving of employment. (A.B. 7927-42; A-750-400)
    2. Dissatisfaction with employer's system of supervision over personnel which was reasonable, was not good cause for voluntary leaving. (A.B. 7921-42; A-750-404)
    3. Contention of humiliation and embarrassment caused by husband's discharge by same employer was not good cause for voluntarily leaving employment. (A.B. 12.696-46; A-750-716)
    4. Voluntary leaving as protest against co-worker's dismissal was without good cause. (A.B. 7559-42; A-750-403)
    5. Alleged humiliation, attributed by claimant to having been notified of discharge for exceeding a 15 minute rest period, the discharge being cancelled before its stated effective date, was not good cause for voluntary leaving. (A.B. 18,967-49. A-750-881)
    6. Voluntary leaving of employment is with good cause when an employee is requested by employer to be a party to an illegal act. (Ref. Dec. 525-1427-52R; A-750-1156)
    7. If a sale worker needs protective headwear on the job because of shoulder length hair, leaving because of objection to the reasonable device chosen by the employer is without good cause. (hairnet) (A.B. 158,730; A-750-1727)
    8. Leaving employment because of employer's failure to provide a meal period in violation of law is with good cause. (A.B. 307,109; A-750-1898)
    9. Disagreement with an employer's new and reasonable "no smoking" policy, which makes provision to accommodate "smokers", does not constitute good cause for leaving employment. (A.B. 388,255; A-750-1991)

1655. Health

  1. Working conditions which adversely affected health constituted good cause for voluntary leaving of employment. (A.B. 6275-41; A-750-298)
  2. Physical inability to continue former work does not constitute good cause for voluntarily leaving employment when claimant fails to exercise the right, provided under the union agreement. of demanding work not detrimental to her health, being performed by others with less seniority. (A.B. 33,924-52; A-750-1172)
  3. Claimant, whose health was adversely affected by her work but who refused transfers to locations which would overcome the objections and at similar work, was held to have voluntarily quit without good cause. (A.B. 11,524; A-750-636)
  4. Failure to substantiate claimed adverse effect of working conditions on health resulted in finding that good cause for voluntary leaving did not exist. Medical certificate, because obtained after interview at Insurance Section, had little weight. (A.B. 6143-41; A-750-279; similarly, A.B. 12,910-46)
  5. Doctor's certificate that claimant "feels that riding in trains and subways causes frequent colds ... avoidance of commutation advisable" at the most shows agreement by the doctor that claimant might feel better if commuting to the employer's new place of business were not required but is insufficient proof that claimant was compelled to leave the job for health reasons. (A.B. 39,825- 53; A-750-1233)
  6. Failure to apply for a "trip-off" by a seaman who left his employment at the end of the voyage because of illness, held to constitute a voluntary leaving without good cause. (A.B. 21,112- 49; A-750-933; similarly, A.B. 27,947-51)
  7. A seaman who did not request a "trip-off" upon leaving his employment because of illness, left with good cause when his vessel was operating on trips from two to seven months duration and by registering for new work after becoming well, he had prospects of obtaining a job within a month. (A.B. 26,205-51; A-750-1029)
  8. Lack of heat for a short time prior to the heating season, which allegedly caused a cold which lasted one or two days, is not good cause for voluntary leaving of employment since to be detrimental to health a causative condition must be a continuing condition. (A.B. 18,923-49; A-750-878)
  9. Discharge for failure to report for work on a date set by her employer, based on a single examination by its doctor, is a loss of employment under non-disqualifying conditions if the claimant's own physician has determined, based on a continuing course of treatment, that she was unable to work at that time. (A.B. 401,183; A-750-2033)
  10. (a) Claimant was discharged when he notified his employer of his admittance to a hospital for drug rehabilitation sometime after being admitted. Claimant's absenteeism is not excused because it was caused by his admittance to a drug abuse rehabilitation program inasmuch as his drug abuse problem was a foreseeable result of his use of an illegal substance.

    (b) After reemployment, it was not good cause for claimant to voluntarily leave his job in order to avoid the location near the worksite where alleged drugs were available for purchase. (A.B. 409,188; A-750-2058)

1660. Hours

  1. Arrangement of hours (night vs. day shift, lunch etc.)
    1. Refusal to accept a transfer to day shift employment when due to reasons of personal convenience, is not good cause for voluntary leaving employment notwithstanding a change in the contract of hire since claimant would not have been justified in refusing such employment in the first instance. (A.B. 47,364-54; A-750-1330)
    2. A change in starting time from 6:30 a.m. to 8:00 a.m. does not provide good cause for voluntary leaving of employment (Matter of Sybell, 14 A.D. 2d 981)
    3. Genuine and reasonable fear for personal safety constitutes good cause for refusing or leaving employment requiring, walking through dark and deserted streets late at night. (A.B. 148,046; A-750-1707)
    4. In the absence of an employee objection, a 30-minute lunch period in a factory or mercantile establishment is permissible without application to the Industrial Commissioner pursuant to Section 162 of the Labor Law, and therefore cannot avert disqualification because of a separation for unrelated reasons. (A.B. 155,946; A-750-1724)
    5. Desire not to continue working Saturday nights in accordance with custom as a salesperson in a retail store, was not good cause for voluntary leaving of employment. (A.B. 12,595-45; A-750-726)
    6. Voluntary leaving is with good cause despite the fact that child care is available, when claimant, a single parent, is permanently assigned to a shift that precludes her from spending any time with her children. (A.B. 390,586; A-750-1998)
  2. Increase in hours; overtime
    1. Good cause was found to exist for voluntary leaving of employment where the evidence disclosed that claimant's normal working hours were increased without a corresponding increase in compensation. (A.B. 9964-43; A-750-552; similarly A.B. 37,900-53)
    2. When claimant's working schedule was increased from five to six nights a week which then included Saturday night for which he received time and a half, voluntary leaving of employment because of interference with social life did not constitute good cause since the objection was a matter of convenience rather than a hardship. (A.B. 25,752-50; A-750-1003)
    3. Good cause did not exist where claimant resigned rather than comply with employer's request to work overtime which was usual and reasonable and for which claimant was compensated. (A.B. 7302-42; A-750-347)
    4. Claimant's arbitrary act in terminating her employment because of an unwillingness to work overtime to 9:00 p.m. to prepare a payroll on time during a holiday week was voluntary leaving of employment without good cause. (A.B. 11,862-45)
    5. Requirement of overtime work by a typist in a department store during the Christmas seasonal rush was not good cause for voluntarily leaving such employment even though household duties would be interfered with since only personal inconvenience would be caused and not actual hardship. (A.B. 18,911-49; A-750-877)
  3. Reduction in hours (See Index 1740B)

1665. Irregular, part-time or temporary employment

  1. Good cause generally does not exist for voluntarily leaving employment because it is irregular, part-time or temporary. (U.I.D. policy)
  2. Where claimant's job called for two or three days' employment per week (approximately 20 hours), voluntary leaving because of a desire for full-time work was without good cause. (A.B. 25,669- 50; A-750-1023)
  3. A claimant who leaves part-time employment after layoff from concurrent full-time work is subject to disqualification for voluntary quit even if net earnings plus possible partial benefits are less than the full benefit rate. (Matter of Grandy, 64 A.D. 2d 796; A-750-1862)
  4. A claimant who leaves part-time employment after layoff from concurrent full-time employment does so with good cause when compelling reasons exist and such action is not based solely on the desire to collect unemployment insurance benefits. (A.B. 355,494; A-750-1962)
  5. Claimant has good cause to quit a part-time job paying less than the benefit rate when increased transportation costs, relating to that job, are caused by the loss, under non-disqualifying conditions, of a concurrent full-time job located nearby. (A.B. 409,186; A-750-2046)
  6. A claimant who voluntarily separates from part-time employment after layoff from concurrent full-time employment is not subject to a disqualification for voluntary separation without good cause when the layoff placed the claimant in an untenable financial situation that created a compelling family reason for leaving. (A.B. 552,114; A-750-2142)

1670. Marriage (Section 593.1(b))

  1. Where claimant leaves employment upon marriage to assume the care of her infant step-son, her marriage is the direct cause and the disqualification provided for in Section 593.1 (b)(l) applies. (A.B. 85,455; A-750-1563)
  2. Termination of employment, because claimant's impending marriage to a co-worker conflicts with a company rule forbidding simultaneous employment of husband and wife, does not invoke the disqualification which applies to quits due to marriage when the claimant is willing to continue to work since such separation is then involuntary. (A.B. 94,862; A-750-1582)
  3. A claimant who quits a job intending to get married is subject to disqualification for voluntary quit due to marriage, even though the claimant shortly thereafter relocates to follow that spouse. (Matter of Gaus ___Ad 2d___ decided November 21, 1990; A-750-2032)
  4. When a claimant plans to leave her employer after she marries, but the date to leave is indefinite and dependent on her spouse's future permanent assignment to a specific location; the claimant's subsequent quitting is due to following her spouse, not marriage, and is with good cause. (A.B.403,739; A-750-2036)

1675. Military service

  1. Resignation from a job because of claimant's desire "to take it easy" for at least one month before induction into the armed forces constitutes voluntary leaving of employment without good cause and a withdrawal from the labor market. (A.B. 28,136-51; A-750-1126)
  2. A veteran, although he has reinstatement rights under the Universal Military Training and Service Act, does not voluntarily, leave his employment when he fails to apply for his former job and therefore, cannot be disqualified for that reason. (Matter of Lungarelli, 22 N.Y. 2d 394; A-750-1700)
  3. A conscientious objector who accepts alternative civilian service assigned by his draft board under the Selective Service Law is not subject to a voluntary leaving disqualification if he leaves such assignment at the termination of his period of obligation. (Matter of Fleischmann, 43 A.D. 2d 624; aff’g A.B. 174,361; A-750-1754)

1685. Move from locality
          (See Index 1722)

  1. Divorce
    1. Leaving employment voluntarily for the purpose of securing a divorce in another state was without good cause. Claimant was unavailable during her absence from New York since She was not interested in seeking employment and remained continuously unemployed until she returned. (A.B. 15,080-47; A-750-811; similarly, A.B. 16,076-47)
  2. Housing problems
    1. Failure to substantiate claimed lack of suitable living quarters at site of employment and no prospects of other employment resulted in finding that voluntary leaving was without good cause. (A.B. 8840-43; A-750-424)
    2. Moving to a purchased home in a suburban area, resulting in approximately two hours traveling time each way and in a substantial increase in transportation cost, was not good cause for voluntary leaving of employment since, although claimant was compelled to vacate his former residence, it was not demonstrated that it was impossible to obtain other living quarters more accessible to claimant's place of employment. (A.B. 27,734-51; A-750-1058)
    3. A claimant who lost her living quarters on a military base because her serviceman husband was transferred overseas, and who left her job off the base to move in with her parents in a distant city, was disqualified for voluntary leaving of employment, because she might have been able to find affordable accommodations near the job had she made diligent efforts to do so. (A.B. 208,002; A-750-1857)
    4. Quitting employment to move out of the area, because of a bona fide fear for safety, is without good cause if the claimant's fear results from incidents in the neighborhood of her residence and she failed to make reasonable efforts to find living accommodations elsewhere within commuting distance that would have allowed her to continue working for the employer. (Matter of Ollinger, decided September 26, 1991; A-750-2034)
  3. Medical reasons
    1. Good cause exists for voluntary leaving where a claimant is required for medical reasons to remove his family to a different locality. (A.B. 47,419-54)
  4. Move with family
    1. Membership in a family unit which moves does not in itself constitute good cause for leaving employment. Good cause exists only if, apart from the fact of such membership, a compelling reason exists for remaining with the unit. (A widow living with daughter, son-in-law and her elderly mother, was disqualified for voluntary leaving when she quit to follow them to a distant city to which her son-in-law had been transferred, there being no indication that she would have been unable to subsist alone, nor that her financial support was necessary to the upkeep of the family unit). (A.B. 160,076)
  5. Other reasons for moving
    1. A widow voluntarily left her employment without good cause when she moved to anther area to be near her son and his wife since such action was prompted by personal considerations rather than necessity or hardship. (A.B. 29,715-51; A-750-1085)
    2. Moving to California to purchase a home for her father was not good cause for voluntarily leaving employment as it did not constitute a compelling reason such as health or family circumstances. (A.B. 19,136-49; A-750-879; similarly A.B. 27,726-51)
    3. A college student leaves part-time employment with good cause to return home at the end of the school year when the dormitory is closed, his earnings are insufficient to support himself, and the employer cannot provide full-time work. (A.B. 217,344; A-750-1812)

1690. Pension or retirement

  1. Leaving a position to avail oneself of pension rights with the intention of finding employment elsewhere is without good cause. However, where such leaving of employment is with the intention of retiring from the labor market it is with good cause but under circumstances which show withdrawal from the labor market. (A.B. 14,016-46; A-750-776)
  2. A claimant who voluntarily retires and applies for Social Security benefits but does not intend to leave the labor market, as is demonstrated by filing for unemployment insurance benefits shortly thereafter, quits without good cause. (A.B. 289,381)
  3. Voluntary leaving of employment to withdraw temporarily from the labor market in order to protect pension rights is without good cause. (A.B. 36,796-53; A-750-1198; similarly, Matter of Zatz, 42 A.D. 2d 687)
  4. A claimant who ceases working in order not to suspend a government pension with a specified income limitation is considered as having left employment without good cause, and not on a leave of absence, should be available upon applying for re-employment (A.B. 43,240-54; A-750-1290; similarly, Matter of Weisberg, 28 A.D. 2d 1050)
  5. An elderly claimant, who exercises an option to retire so that he does not forfeit substantial benefit, in life insurance arrangements, leaves with good cause when continuance on the job would result in a substantial financial sacrifice to him and would drastically reduce the protection afforded to his family (A.B. 78,477-61; A-750-1542; similarly, A.B. 79,237-61)
  6. An employee who elects to take advantage of his employer’s early retirement plan is subject to disqualification for voluntary leaving even though the plan is offered to achieve a reduction of the employer's work force. (Matter of Fisher N.Y. 2d 146; A-750-1784)
  7. A claimant who exercises an option to retire before a given date so as to receive a substantial increase in retirement annuities (8 .1%) voluntarily leaves his employment with good cause only if his continuing potential employment (subject to mandatory age requirement, closing of establishment, etc.) would have been insufficient to produce an annuity comparable to that which he is receiving upon his actual retirement. (A.B. UCFE-1772 and UCFE-1813A; A-750-1654) (Note: In UCFE 2080, under similar circumstances, voluntary leaving was without good cause since, in the time claimant could have remained in employment (8 years to age 70) she would have had full opportunity to be placed in at least the same status by completing additional months of service).
  8. Where an employer established a substantial down-sizing goal, a climate of uncertainty and fear of losing one's employment may constitute good cause for participation in a voluntary severance or retirement incentive program. All the following factors must be present: the employer established a substantial down-sizing goal; did not rule out layoffs in the event such goals were not achieved; did not establish clear criteria for selection of individuals if layoffs were necessary; and provided substantial incentives to participate in the work force reduction. (A.B. 432,222A; A-750-2074)
  9. Where claimant was not in danger of being involuntarily laid off or forced to retire, voluntary leaving of employment merely to obtain a financial incentive is without good cause. (A.B. 419,971; A-750-2075)

1695. Pregnancy

  1. A claimant who, solely because of pregnancy, voluntarily leaves employment not harmful to her health, is subject to disqualification for voluntary quit upon filing before childbirth, since such filing negates any intent to withdraw from the labor market. (A.B. 246,566; A-750-1840)
  2. If claimant's services are terminated under an employer's policy requiring employees to cease working at a given stage of pregnancy there is no voluntary leaving of employment even though the claimant declined to accept a maternity leave. (A.B. 149,438; A-750-1716)
  3. A voluntary quit disqualification was upheld in the case of a claimant who ceased working voluntarily, rejected a maternity leave without valid reason, and filed for benefits before childbirth. (A.B. 195,433)
  4. A claimant who intends to return to the labor market following childbirth voluntarily leaves employment without good cause when she fails to apply for an obtainable maternity leave. (A.B. 191,796)

1700. 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)

1705. Reduction-in-force situations

  1. Volunteering to be laid off in place of a co-worker is a voluntary leaving without good cause. (Matter of Rivera, 29 A.D. 2d 582)
  2. An employee who elects to take advantage of his employer's early retirement plan is subject to disqualification for voluntary leaving even though the plan is offered to achieve a reduction of the employer's work force. (Matter of Fisher 36 N.Y. 2d 146; A-750-1784)
  3. A claimant who waives job retention rights and accepts separation from employment pursuant to a collective bargaining agreement or written employer plan with no definite date to return to work voluntarily leaves employment without good cause. Separation for a "temporary period" requires an agreement between the employer and the claimant at time of separation as to the duration of the layoff. (Matter of Violanti, 89 A.D. 2d 727; A-750-1932)
  4. When an employee has been informed by the employer that unless there is an immediate reduction in force the employer will discharge its entire staff and permanently discontinue business, the employee's acceptance of a financial incentive to accept voluntary layoff is a voluntary separation with good cause. (A.B. 351,883; A-750-1956)
  5. Where an employer established a substantial down-sizing goal, a climate of uncertainty and fear of losing one's employment may constitute good cause for participation in a voluntary severance or retirement incentive program. All the following factors must be present: the employer established a substantial down-sizing goal; did not rule out layoffs in the event such goals were not achieved; did not establish clear criteria for selection of individuals if layoffs were necessary; and provided substantial incentives to participate in the work force reduction. (A.B. 432,222A; A-750-2074)
  6. Where claimant was not in danger of being involuntarily laid off or forced to retire, voluntary leaving of employment merely to obtain a financial incentive is without good cause. (A.B. 419,971; A-750-2075)

1710. Safety

  1. Voluntary leaving of employment rather than comply with employer's request to perform work which was dangerous and risky was found to be with good cause. (A.B. 7671-42; A-750-356)
  2. Voluntary leaving of employment rather than accept a transfer to work as a jig learner was with good cause where the offered work was hazardous in nature and claimant's past experience did not fit him for it. (A.B. 9571-43; A-750-482)
  3. Where a person arbitrarily refuses to work on a machine approved as safe, voluntary leaving is without good cause.
  4. If a male worker needs protective headwear on the job because of shoulder length hair, leaving because of objection to the reasonable device chosen by the employer is without good cause. (hairnet) (A.B. 158,730; A-750-1727)
  5. A seaman who refused to re-sign shipping articles on a vessel which was bound for a dangerous zone (China coast) because of a war, not involving the United States, voluntarily left his employment with good cause. (A.B. 23,452-50, A-750-962)
  6. Demand by claimant's intended husband that she leave her job which he felt was in an objectionable neighborhood (warehouse district and requiring traversing a bridge over railroad tracks) did not constitute good cause for voluntarily leaving employment. (A.B. 20,141-49; A-750-899)
  7. Genuine and reasonable fear for personal safety constitute good cause for refusing or leaving employment requiring walking through dark and deserted streets late at night. (A.B. 148,046; A-750-1707,)
  8. (a) Refusal by claimant to cross a picket line maintained at his job site by striking employees of another employer operating at the same location, does not subject him to suspension for industrial controversy when no industrial controversy exists "in the establishment" where he is employed.

    (b) Such refusal is with good cause, not only when there is fear for personal safety, but also if claimant's union standing would be jeopardized. (Matter or Buckley, 31 N.Y. 2d 950; A-750-1749 Rev.)
  9. When there is no fear of physical harm or of disciplinary action by claimant's union, refusal as a matter of principle to cross such picket line is a voluntary leaving without good cause. (A.B. 175,521)
  10. Quitting employment to move out of the area, because of a bonafide fear for safety, is without good cause if the claimant's fear results from incidents in the neighborhood of her residence and she failed to make reasonable efforts to find living accommodations elsewhere within commuting distance that would have allowed her to continue working for the employer. (Matter of Ollinger, decided September 26, 1991; A-750-2034)
  11. When evaluating whether a claimant’s voluntary separation from employment occurred “as a consequence of circumstances directly resulting from the claimant being a victim of domestic violence” the totality of circumstances must be evaluated.  No single factor is determinative.  (Matter of Loney, 287 AD 2d 845; A 750-2120).
  12. When claimant is stalked near her place of employment by an ex-husband who has a history of violence toward her and her children, she has a reasonable fear for her safety, and good cause to quit her job to relocate. (AB 530403; A 750-2121).
  13. A claimant who failed to seek an Order of Protection before quitting to relocate in order to remove herself from a dangerous domestic situation is not subject to disqualification when other evidence established that she acted from genuine fear for her personal safety and the safety of her children.  (A.B. 529594A; A 750-2122).

1715. School or training course, quit to attend

  1. Leaving employment to enter college or school or to otherwise improve one's education is without good cause within the meaning of the Unemployment Insurance Law. (A.B. 75,953; A-750-1533; similarly, Matter of Anderson, A.D. 76-419, Nov, 18, 1976, not officially reported, aff'g A.B. 224,839)
  2. Leaving full-time employment to return to school in the fall is without good cause even though claimant customarily worked part time during the school year. (Matter of Manning, 59 A.D. 2d 818; A-750-1842; See Comments.)
  3. Leaving employment to attend vocational training is without good cause in the absence of special circumstances. (A.B. 165,640; A-750-1743; Matter of Christopher, 50 A.D. 2d 705; See comments after A-750-1842.)
  4. When a claimant, after applying to a training facility for admission to vocational training, obtains employment intending to work until the training starts, good cause exists for leaving that employment to commence the course, provided the training meets the conditions for approval set forth in Section 599 of the Law. (A.B. 173,143F; A-750-1750)
  5. A claimant's choice to leave employment due to a change in claimant's school schedule which the employer is unable or unwilling to accommodate, while continuing work is available in the claimant's usual schedule, is tantamount to a voluntary leaving of employment without good cause. (A.B. 388,505; A-750-1994)
  6. Employment which coincides with attendance at training is not "stopgap"; therefore, quitting such employment because a change in the training schedule conflicts with the hours of work is without good cause. (A.B. 415,284A; A-750-2051)
  7. Claimant's decision to reduce his/her days of employment in order to attend school, even when agreed to by the employer, is a voluntary leaving without good cause. (A.B. 500,889 A-750-2114)

1720. Self-employment, quit to enter

  1. Leaving employment to enter self-employment may constitute good cause for voluntary leaving. (A.B. 17,480-48; A-750-937)
  2. Voluntarily leaving employment to enter temporary self-employment, for the summer months is without good cause. (A.B. 35,458-52; A-750-1180)
  3. 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)
  4. A voluntary leaving of employment because a change in working hours interferes with concurrent self-employment is without good cause. (A.B. 265,627)

1722. Travel time, method or cost

  1. Moving to a locality which would take claimant one and one-half hours to travel to her place of employment, an increase of one-half hour over previous traveling time. was not good cause for voluntary leaving of employment. (A.B. 13,033-46; A-750-738)
  2. Moving to a purchased home in a suburban area, resulting in approximately two hours traveling time each way and a substantial increase in transportation cost, was not good cause for voluntary leaving of employment since, although claimant was compelled to vacate his former residence, it was not demonstrated that it was impossible to obtain other living quarters more accessible to claimant's place of employment. (A.B. 27,734-51; A-750-1058)
  3. Where claimant voluntarily left his employment because a change in his work schedule for the period of daylight saving time resulted in increasing his travel time to one hour and fifty minutes (including a wait for bus connections), it was held that the leaving was without good cause, since the temporary inconvenience of travel was primarily due to the fact that claimant resides in a suburb. (A.B. 30,215-52; A-750-1100)
  4. Transfer of work location to another state is not in itself good cause for leaving employment when the commuting time and distance is not unreasonable and the additional travel expense is provided for. (A.B. 143,483; A-750-1714)
  5. The employer's relocation does not afford a claimant good cause, for voluntarily leaving employment when the location is not at an unreasonable distance from the claimant's home, and the employer partially offsets the increased travel cost so that the net commutation cost is not substantially greater. (Matter of Roman, 38 A.D. 2d 890)
  6. Claimant, transferred to a new location requiring two hours travel each way, who tried working under the new conditions for one and one-half months but found them too difficult, quit with good cause since employment under the changed conditions was not for substantial period of time so as to be deemed accepted permanently. (A.B. 109,386; A-750-1609) (Matter of Sellers, 13 A.D. 2d 204; A-750-1550, not applicable)
  7. Leaving employment because of loss of transportation is without good cause when the employer might have resolved the problem had claimant apprised him of it. (A.B. 250,351; A-750-1848)
  8. A claimant who becomes unemployed because of a lack of suitable transportation to his place of employment is disqualified for voluntary leaving without good cause, provided the lack of transportation is due to personal circumstances, and not because of any action on the part of the employer. (Matter of Kudysch, 72 AD 2d 901; A-750-1894)
  9. A claimant who becomes unemployed because of an involuntary loss of his regular transportation to his place of employment and for whom no alternative means of transportation was available is not subject to a disqualification for voluntary leaving of employment without good cause. (A.B. 304,625; A-750-1896)
  10. Where a claimant has worked for two months under commuting conditions requiring a travel time in excess of one and one-half hours each way, a leaving for such reason is without good cause. (A.B 392,146; A-750-2010)

1725. Union relations

  1. Claimant's loss of employment because of failure to join a union as required by the collective bargaining agreement in effect in the employer's establishment constitutes a voluntary leaving of employment without good cause. (Matter of Malaspina, 309 N.Y. 413; aff'g 285 App. Div. 564; A.B. 42,606-54; A-750-1286 (Rev.)
  2. Leaving employment because of a requirement for immediate membership in a union is without good cause when the employer is not engaged in interstate commerce and, therefore, not subject to the Federal Fair Labor Management Act (Taft-Hartley Act) which provides that union membership may not be required within the first 30 days after hiring. (Ref. 64 47-56R; A-750-1422)
  3. Discharge for refusing to join the union with which the employer had contractual relations, or a voluntary leaving of employment for the same reason, does not result in a disqualification when claimant is a member of a different labor organization whose constitution provides for suspension and eventual expulsion of any member who joins any other labor organization. (A.B. 31,861-52; A-750-1150)
  4. Discharge because of claimant's failure to maintain membership in a union does not constitute voluntary leaving of employment without good cause if the action is prompted by his belief, for which there are reasonable grounds, that the union adheres to economic precepts and political philosophy which he abhors as inimical to the best interests and the fundamental concepts of the United States. (A.B. 38,039-53; A-750-1211)
  5. A seaman, holder of a "permit card," has good cause in leaving employment upon the completion of one round trip or 60 days, whichever is longer, if, in accordance with a rule of his union, he would have jeopardized his union membership by retaining that employment since the union rule is not arbitrary, but a reasonable one, designed to provide a solution to the labor problems in the industry. (Purpose of rule was to provide steady employment for career seamen) (Matter of Fiol, 309 N.Y. 661, aff'g 284 App. Div. 519; A-750-1081(Rev.))
  6. (a) Refusal by claimant to cross a picket line maintained at his job site by striking employees of another employer operating at the same location, does not subject him to suspension for industrial controversy when no industrial controversy exists "in the establishment" when he is employed.

    (b) Such refusal is with good cause, not only when there is fear for personal safety, but also if claimant’s union standing would be jeopardized. (Matter of Buckley, 31 N.Y. 2d 950; A-750-1749(rev.))
  7. When there is no fear of physical harm or of disciplinary action by claimant’s union, refusal as a matter of principle to cross such picket line is a voluntary leaving without good cause. (A.B. 175,521).

1730. Vacations, trips, leaves of absence

  1. Denial of request to change vacation plans was not good cause for voluntary leaving of employment. (A.B. 6114-41; A-750-282)
  2. No disqualification for voluntary leaving employment applies to a claimant whose employment is terminated upon refusal to cancel a vacation trip abroad when a leave for this purpose had been granted and when in reliance thereon, he had incurred expenditures and would have suffered a substantial financial loss by the cancellation of the trip. (A.B. 65,606-58; A-750-1490)
  3. 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. (A.B. 162,485; A-750-1732)
  4. Claimant's action in voluntarily leaving employment to visit his critically ill aged mother in a foreign country constitutes a pressing and compelling reason and was with good cause. (Ref. 512-661-50R; A-750-1007)
  5. Claimant who previous to his hiring had purchased a ticket and obtained passage to sail to Europe to visit members of his family and advised his employer on accepting employment of this circumstance, and that he could only work for three weeks, held to have voluntarily left his employment without good cause, since at the time of leaving the employer had work for him and such leaving was purely personal not of such a character as to constitute good cause. (A.B. 21,480-49; A-750-922; similarly, A.B. 22.632-50; A.B. 27,959-51; A.B. 119,016-65)
  6. Voluntary leaving of employment for the purpose of making a non-essential trip abroad is without good cause when claimant is not granted a leave of absence and assumes the risk of not being reemployed upon his return. (A.B. 49,052-55; A-750-1358; similarly, A.B. 130,270)
  7. Securing a leave of absence from employment for personal reasons and being unable to secure re-employment with the employer upon return to the labor market does not constitute a voluntary leaving of employment without good cause. (A.B. 47,784-54; A-750-1350)
  8. 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)

1735. Violation by employer of terms of employment

  1. Wages
    1. Employer's failure to fulfill repeated promises or salary increase, commensurate with additional duties, constituted good cause for voluntary leaving or employment. (A.B. 6592- 41; A-750-324)
    2. Denial or promised wage increase after promotion to more responsible position was good cause for voluntary leaving of employment. (A.B. 7996-42; A-750-415)
    3. Leaving employment because of employer's unfulfilled promise of a wage increase is without good cause where business conditions did not warrant an increase and claimant had received several increases in the past to the employer's maximum for the position, such final salary being not substantially less favorable than that prevailing for similar services in the locality. (A.B. 50,097-55; A-750-1374) (See A-750-1740)
    4. An agreement made in the course of employment to increase pay, with the amount and date specified, becomes, in the absence of special circumstances, a condition of the employment which, if not fulfilled, justifies voluntary leaving and subsequent refusal to return without such increase. (Matter of Harris, 42 A.D. 2d 1049; aff'g A.B. 165,156A, A-750-1740) (For an example of "special circumstances", see A-750-1374)
  2. Promotion
    1. Where employer failed to keep his definite promise made at the time of hiring to promote claimant to a higher paying job, it was held that claimant had good cause to leave when it was shown that a vacancy at the higher rate had occurred. (A.B. 11,420-44; A-750-621)
    2. Choosing layoff, rather than accepting demotion to a position previously held, is a voluntary quit without good cause when the employer, after a reasonable trial period, determined that claimant is not performing satisfactorily in the new position. (A.B. 406,302; A-750-2045)
    3. Good cause for leaving employment is established when an employer ignores an employee's repeated requests that it fulfill its promise of a promotion and raise that were a condition of the employee's acceptance of substantial additional duties and the employer ultimately fails to honor its agreement. (A.B. 542757; A-750-2140)
  3. Job duties
    1. A full-charge bookkeeper who obtained employment as an assistant bookkeeper and left shortly thereafter because of the requirement to devote one day a week to payroll posting work, such duties not being mentioned at the time of hiring and which allegedly were distasteful and hard on her eyes, voluntarily left employment without good cause since she was properly fitted for the job by training and experience and to make a distinction between general bookkeeping and bookkeeping duties which include payroll work draws too fine a line. (Matter of Muir, 277 App. Div. 1086; aff'g A.B. 22,792-50; A-750-966)
    2. A claimant hired for a highly skilled occupation (head bookkeeper) but who is assigned lower tasks without prospects to perform the work in the higher skill has good cause for leaving the employment. (A.B. 41,351-53; A-750-1263)
  4. Other terms and conditions
    1. Where the employer altered the original terms and conditions of employment whereby certain disbursements by claimant, a salesman-collector, were no longer allowed, which represented a 5% reduction in his already meager remuneration, voluntary leaving of employment was with good cause. (A.B. 13,471-46; A-750-761)
    2. 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. (A.B. 162,485; A-750-1732)
    3. An employer's failure to fulfill a promise, made subsequent to hire, to change employment conditions (transfer) is not good cause for voluntary leaving since no circumstances developed which would have justified refusal of the employment in the first instance. (A.B. 91,334; A-750-1599)
    4. Disagreement with an employer's new and reasonable "no smoking" policy, which makes provision to accommodate "smokers", does not constitute good cause for leaving employment. (A.B. 388,255; A-750-1991)

1740. Wages

  1. Dissatisfaction with wages
    (See also Index 1665 and 1735A)
    1. Dissatisfaction with wages, even though they are below those which are prevailing for claimant's occupation, does not constitute good cause for voluntary leaving of employment, unless circumstances are involved which have developed in the course of the employment. (Matter of Sellers; 13 A.D. 2d 204; A-750-1550)
    2. Claimant who had accepted transfer to a job in a lower classification and with reduced wages in accordance with a "bumping" privilege of the union contract does not have good cause to leave employment in such classification after three months since nothing developed during the three month period to justify his refusing the employment in the first instance. (A.B. 84,943-61; A-750-1567)
    3. When the amount of earnings is not known at the time of hire -- as where part of the compensation consists of commissions for sales made -- leaving the employment is with good cause if it develops after a reasonable trial period that the earning are so low that they would have justified the claimant in refusing such employment in the first instance. (A.B. 150,350; A-750-1719)
    4. Leaving employment because of insufficient wages is with good cause if the wages are less than those prescribed by a minimum wage law since under such circumstances Matter of Sellers (13 A.D. 2d 204; A-750-1550) is not applicable. (A.B. 82,614-61; A-750-1561)
    5. A piece worker in the garment industry, who during the slack season obtained employment in her occupation with another employer but left after five hours work because of dissatisfaction with her earnings during such time, voluntarily left employment without good cause since she did not give the job a fair trial, other operators in the employer's establishment averaged substantially higher earnings, and it appeared that claimant would earn as much after a few days experience. (A.B. 26,380-51; A-750-1035)
  2. Reduction of wages
    1. Where the employer altered the original terms and conditions of employment whereby certain disbursements by claimant, a salesman-collector, were no longer allowed, which represented a 5% reduction in his already meager remuneration, voluntary leaving of employment was with good cause. (A.B. 13,471-46; A-750-761)
    2. The action of the union in agreeing to a wage reduction and production method change, which affected all employees and which was ratified by the union membership, is a collective election by the union members and a voluntary leaving of employment thereafter because of dissatisfaction with such agreement is without good cause. (Ref. 545-1106-52R; A-750-1173; similarly, A.B. 18996-49)
    3. Reduction in pay due to elimination of overtime and inability to work during inclement weather, such work being optional with employee, was not good cause for voluntary leaving of employment. (A.B. 12,726-46; A-750-718)
    4. Good cause did not exist where claimant voluntarily left employment of 34 hours per week because the employer, due to shortage of materials, could not furnish 40 hours' work per week. (A.B. 5703-41; A-750-260)
  3. Deductions from wages
    1. Leaving employment as a cashier because claimant was required to pay for register shortages, is with good cause since such requirement is a violation of Section 193 of the Labor Law notwithstanding that claimant's union had agreed to such practice. (A.B. 223,758; A-750-1816 see comments)
    2. A deduction from wages to pay rent owed the employer is a violation of Section 193 of the Labor Law which justifies voluntary leaving of employment. (A.B. 264,513; A-750-1855)
    3. A claimant has good cause to leave employment when the employer has been served with a levy by the Internal Revenue Service directing that all of the claimant's accrued and future wages be withheld to satisfy a tax lien. (Matter of Jones, 14 N.Y. 2d 558)
    4. A federal tax lien directing the employer to withhold a claimant's accrued wages does not provide good cause for voluntarily leaving employment when the claimant's future wages would not be affected. (A.B. 106,735A)
  4. Failure to Pay
    1. A voluntary quit because overtime work is not compensated is with good cause even though the claimant had performed such overtime without compensation for several months in the past. (Note: In this decision, the Board relied on Section 160 of the Labor Law; however, on a reopening request by the employer (A.B. 41,393-53), the Board came to the same conclusion under the provisions of Section 593 of the U.I. Law. (A.B. 37,900-53; A-750-1228; similarly, A.B. 92,506)
    2. A voluntary quit because a substantial annual bonus which claimant had received for many years would no longer be paid was without good cause when such payment hinged upon the financial condition of the business and the discretionary action of management and there was, therefore, no breach of the terms of employment. (A.B. 40,464-53; A-750-1234)
    3. Good cause for voluntarily leaving employment does not exist when claimant quits because he claims additional wages which the employer disputes, when such dispute is under arbitration in accordance with the terms of the union agreement. (Ref. Case OSR-693-53R; A-750-1192)
    4. Receiving no compensation for a holiday was not good cause for voluntary leaving since the employer was under no duty to make payment. (A.B. 12,638-46; A-750-715)
    5. Where claimant was not included in employer’s non-obligatory decision to grant holiday pay to some of his non-union employees, a voluntary leaving of employment, contending discrimination, was without good cause. (A.B. 105,248; A-750-1600)
    6. Leaving employment because of employer's continual failure to pay wages on time in violation of law, is with good cause, and a refusal to return is justified when no assurance is provided against repetition of such practice. (A.B. 249,137; A-750-1847)
    7. Leaving employment due to an employer's failure to pay overtime in violation of law and regulation is a voluntary quit with good cause. (A.B. 545712; A-750-2139)

1745. Waiver of retention rights

  1. A claimant who waives job retention rights and accepts separation from employment pursuant to a collective bargaining agreement or written employer plan with no definite date to return to work voluntarily leaves employment without good cause. Separation for a "temporary period" requires an agreement between the employer and the claimant at time of separation as to the duration of the layoff. (Matter of Violanti, 89 A.D. 2d 727; A-750-1932)

1750. Other reasons

  1. Voluntary leaving a suitable job is without good cause when the claimant who does not like the job quits it to avoid paying a fee to an employment agency. (A.B. 58,998-57; A-750-1449)
  2. Voluntary leaving to find living quarters was without good cause since, although an acute housing shortage existed, it was felt that the efforts of the claimant's unemployed husband were sufficient. (A.B. 13,774-46)
  3. A claimant who deliberately foregoes the opportunity of earning additional wages during the balance of his last day of employment to keep within the statutory limitation for partial unemployment benefits, places himself without the scope of the provisions authorizing the payment of partial benefits and hence renders himself ineligible for benefits in that week. (A.B. 73,779-60; A-750-1527)
  4. Voluntary leaving of employment by a seaman upon the denial of his request for a leave of absence for one voyage to complete the sale of a business which he owned is without good cause since leaving was activated by personal considerations rather than compelling necessity. (A.B. UCFE-48-55; A-750-1397)
  5. Voluntarily leaving employment because of required traveling and absence from home over extended periods is with good cause if prompted by compelling reasons, such as to preserve the marital relationship when endangered because of the nature of such employment. (Ref. OSR-3662-51R; A-750-1077)
  6. Where claimant's hourly earnings were computed by a formula applied by the employer, but unknown to claimant, and claimant, in order to determine adequacy of pay, requested employer to furnish basis of payment, the employer's non-compliance with this request constituted good cause for voluntary leaving of employment. (A.B. 8876-43; A-750-457)
  7. Disagreement with an employer's new and reasonable "no smoking" policy, which makes provision to accommodate "smokers", does not constitute good cause for leaving employment. (A.B. 388,255; A-750-1991)