Fried v. Ross
| Decision Date | 05 August 1976 |
| Citation | 54 A.D.2d 521,386 N.Y.S.2d 245 |
| Parties | Claim of Evelyn FRIED, Appellant, v. Philip ROSS, as Industrial Commissioner, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Rowland Watts, New York City (Marcy Cowan, New York City, of counsel), for appellant.
Louis J. Lefkowitz, Atty. Gen. (Iris A. Steel, New York City, of counsel), for respondent.
Before KOREMAN, P.J., and GREENBLOTT, MAHONEY, MAIN and HERLIHY, JJ.
Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 22, 1975, which affirmed the decision of a Referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective December 11, 1974 on the ground that she voluntarily left her employment without good cause.
Claimant, 32 years old, worked in a one-girl office for a period of approximately 14 months, prior to December 10, 1974, when she left her employment becaue she believed her employer's conduct jeopardized her safety. The employer was subject to episodes of violent temper and, on December 10, 1974, when claimant identified her employer by name so as to permit the service of process on him by a man who had entered the premises for that purpose, the said employer became enraged and kicked the office furniture and threw several chairs against the wall. While claimant concedes that her employer's conduct was not directed toward her personally, she insists that if she stayed any longer such conduct in the future might be directed toward her and thereby endanger her physical safety.
The Referee's decision, affirmed by the board, was premised on a finding...
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Tannariello v. Federation of Public Employees, 82-2473
...one's personal safety may, under appropriate circumstances, constitute good cause for leaving employment. See, e.g., Fried v. Ross, 54 A.D.2d 521, 386 N.Y.S.2d 245 (1976); Goldberg v. Levine, 53 A.D.2d 731, 384 N.Y.S.2d 42 (1976); Ferguson v. Dept. of Employment Services, 311 Minn. 34, 247 ......
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Doering v. Board of Review
...175, 385 A.2d 920; Associated Utilities Services v. Bd. of Review, supra, 131 N.J.Super. at 587, 331 A.2d 39; Fried v. Ross, 54 A.D.2d 521, 386 N.Y.S.2d 245, 246 (App.Div.1976); Stevenson v. Morgan, 17 Or.App. 428, 522 P.2d 1204, 1206 (1974). Sexual harassment, racially prejudicial and gend......
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Claim of Hughes
...is being endangered and that the conduct complained of is such as to inculcate in the employee a genuine fear" (Matter of Fried [Ross ], 54 A.D.2d 521, 386 N.Y.S.2d 245; see, Matter of Stark [ Ross ], 66 A.D.2d 942, 411 N.Y.S.2d 433). Claimant contends that the Board failed to make the nece......
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Claim of Kaufman
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