IN THE MATTER OF WEAVER


6 A.D.3d 857 (2004)

774 N.Y.S.2d 440

In the Matter of the Claim of ELSWORTH L. WEAVER, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 8, 2004.


Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left his employment as a security guard without good cause. The record demonstrates that claimant had complained to a manager about problems with his coworkers and asked for a transfer to another location. The manager assured claimant that he would look into the matter. Claimant, however, failed to return to work.

Although fear for one's safety may constitute...

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