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Friday, May 30, 2014

Employee Who Resigns Because of Sexual Harassment is Eligible for Unemployment

Matter of Gascon, ___A.d. 3d ___(3rd Dep't. May 29, 2014), is an interesting case. As we all know, if an employee resigns, he is not eligible for unemployment. But, what if he or she resigns because of sexual harassment. Such employees would be eligible for unemployment. As the court stated:

        Whether a claimant has left employment for good cause so as to qualify for unemployment         insurance benefits is a factual issue to be resolved by the Board and its determination will be         upheld if supported by substantial evidence (see Matter of Petrov [Bragard Inc.Commissioner         of Labor], 96 AD3d 1339, 1339 [2012]; Matter of Garside [Commissioner of Labor];, 73 AD3d         1420, 1420 [2010]). Based upon claimant's testimony concerning various and continuing         incidents  of sexual harassment by the owner and, in particular, a final incident that         precipitated         her departure  from employment, we find that the record contains         substantial [*2]evidence   supporting the Board's  determination (seeMatter of Grace     [Astrocom Elecs., Inc.—Commissioner          of Labor];, 69 AD3d 1156, 1157 [2010]; Matter of     Braband [RF Tech.—Sweeney];, 239 AD2d 627, 628 [1997]). Although  the owner denied         engaging in the conduct alleged by claimant, and the  employer provided statements of         other employees indicating that they had no knowledge of the allegations of sexual         harassment, this evidence presented a credibility determination for the  Board to resolve . . 

 

http://lawprofessors.typepad.com/adjunctprofs/2014/05/employee-who-resigns-because-of-sexual-harassment-is-eligible-for-unemployment.html

Labor Law, New York Law | Permalink

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