Matter of Roberta B. Katz (Commissioner of Labor)

Summary

The New York Supreme Court, Appellate Division, Third Department affirmed an Unemployment Insurance Appeal Board decision disqualifying Roberta B. Katz from receiving benefits because she voluntarily left her employment without good cause. The court held that, despite the trainer's allegedly inappropriate conduct concerning Katz's religious observance, Katz resigned before giving the employer an opportunity to investigate or take corrective action, and substantial evidence supported the Board's determination.

Holdings

1. Substantial evidence supported the Board's determination that claimant voluntarily left her employment without good cause because she resigned without affording the employer an opportunity to investigate the incident or take corrective action.

Questions Presented

1. Whether substantial evidence supported the Unemployment Insurance Appeal Board's determination that claimant voluntarily left her employment without good cause.
2. Whether claimant's departure based on the alleged religious harassment was justified when she resigned without first giving the employer an opportunity to investigate or take corrective action.

Disposition

affirmed