Matter of Levinn

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Third DepartmentApr 30, 1998
249 A.D.2d 856 (N.Y. App. Div. 1998)
249 A.D.2d 856672 N.Y.S.2d 471

April 30, 1998

Appeal from the Unemployment Insurance Appeal Board.

Claimant resigned from her employment as a travel consultant after she was criticized by her supervisor for allegedly causing a client to be overcharged for travel tickets. We conclude that there is substantial evidence in the record to support the Unemployment Insurance Appeal Boards ruling that claimant voluntarily left her employment without good cause. Although a memorandum from claimants supervisor accused her of making the employer "look stupid", criticism of an employees job performance by his or her supervisor has been found not to constitute good cause for leaving employment ( see, Matter of Nunez [Sweeney], 244 A.D.2d 742, 743; Matter of Grubman [Notaro — Sweeney], 242 A.D.2d 767). With respect to claimants testimony to the effect that work stress caused her to suffer headaches and stomach problems, we note that she received no medical advice to leave her job ( see, Matter of Bishop [Hudacs], 193 A.D.2d 1040, 1041).

Mercure, J.P., Crew III, White, Yesawich Jr. and Graffeo, JJ., concur.

Ordered that the decision is affirmed, without costs.