(DOWNLOAD) "Matter Claim Cecil Dominique" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Claim Cecil Dominique
- Author : Supreme Court of New York
- Release Date : January 21, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
[32 A.D.2d 718 Page 719] Whether claimant's conduct constituted a voluntary leaving of employment without good cause by provoking his discharge is
a factual determination for the board (Labor Law, 623, Matter of Fishbein [ Catherwood ], 28 A.D.2d 1059; Matter of Bartels
[ Catherwood ], 28 A.D.2d 1018; Matter of Monahan [ Catherwood ], 27 A.D.2d 781), issues of credibility regarding the alleged
disruptive conduct of claimant during employment being in the sole province of the board (Matter of Gadson [ Catherwood ],
28 A.D.2d 1049; Matter of Golia [ Catherwood ], 27 A.D.2d 594). The board had a right to find from the testimony, although
disputed, that claimant's outward, persistent and offensive behavior during employment was such that one could reasonably
anticipate would lead to intolerable disruption, great business loss and eventual termination of the work relation, amounting
to an election not to meet a condition of the work, and that claimant became separated from his employment by his own choice
(cf. Matter of Gadson [ Catherwood ], supra ; Matter of Socol [ Catherwood ], 29 A.D.2d 1020; Matter of MacDevitt [ Catherwood
], 29 A.D.2d 588; Matter of Irizarry [ Catherwood ], 28 A.D.2d 765; Matter of Lewis [ Catherwood ], 25 A.D.2d 473; Matter
of Gorman [ Catherwood ], 17 A.D.2d 885; Matter of Malaspina [ Corsi ], 285 App. Div. 564, affd. 309 N. Y. 413). It was warranted
in concluding that claimant "deliberately engaged in a course of conduct calculated to result in his discharge from the job".
 "Matter Claim Cecil Dominique" by Supreme Court of New York * eBook PDF Kindle ePub Free){kind=link}