Thuy Pham v. Sperber, Denenberg & Kahan, PC, 529274
Decision Date | 12 December 2019 |
Docket Number | 529274 |
Parties | In the Matter of the Claim of THUY PHAM, Appellant. v. SPERBER, DENENBERG & KAHAN, PC, Respondent. Commissioner of Labor, Respondent. |
Court | New York Supreme Court — Appellate Division |
178 A.D.3d 1227
115 N.Y.S.3d 164
In the Matter of the Claim of THUY PHAM, Appellant.
v.
SPERBER, DENENBERG & KAHAN, PC, Respondent.
Commissioner of Labor, Respondent.
529274
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: November 8, 2019
Decided and Entered: December 12, 2019
Thuy Pham, New York City, appellant pro se.
Sperber, Denenberg & Kahan, PC, New York City (Eric H. Kahan of counsel), for Sperber, Denenberg & Kahan, PC, respondent.
Before: Garry, P.J., Egan Jr., Clark and Mulvey, JJ.
MEMORANDUM AND ORDER
Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 5, 2018, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.
Claimant worked as an associate attorney for the employer, a law firm in New York City. In January 2018, she had hip replacement surgery and was granted a medical leave of absence. Prior to the surgery, her legal duties consisted primarily of transactional work, such as real estate closings, that she performed in the employer's office. During the time that claimant was out on medical leave, the employer found it necessary to hire another attorney to handle the transactional work. When claimant returned to work in early May 2018, her legal duties had changed and, during her first week back, she
spent most of her time appearing in court at various locations throughout the city. In addition, she scheduled her physical therapy appointments at times during the work day that were not satisfactory to the employer. One week after claimant returned to work, she resigned from her position.
Claimant applied for unemployment insurance benefits and an initial determination was rendered finding her eligible to receive them. The employer objected and, following a hearing, an Administrative Law Judge overruled the initial determination and found that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause. The Unemployment Insurance Appeal Board upheld this decision and denied...
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