Labor & Employment Law

Inability to get along with co-workers

Inability to get along with co-workers
Gines v Comm. of Labor, App. Div., 3rd Dept., 294 A.D.2d 748

Jose Gines worked for the New York State Unified Court System in the law library at the Appellate Division, Second Department. He was later placed in a position having a simi­lar title and pay in the records room at Supreme Court, Kings County.

Claimant was unhappy in his new location, "particularly after the arrival of another employee with whom [Gines] had several heated arguments." Gaines complained to his superiors but did not pursue the available grievance procedure. Instead he resigned and subsequently applied for unemployment insurance benefits. The Unemployment In­surance Appeals Board ruled that Gaines had voluntarily left his employment without good cause and denied his claim for unemployment benefits. Gaines challenged this ruling before the Appellate Division, Third Department.

Citing Matter of Gardiner [Commissioner of Labor], 272 AD2d 709, among other cases, the court said that "[n]either the inability to get along with a co-worker nor the refusal to accept a new work assignment that involves similar work and does not result in a reduc­tion in pay constitutes good cause for leaving one's employment."

In addition, the court said that Gaines? failure to pursue the available grievance proce­dure prior to his resignation lends further support to the finding that he left his employ­ment under disqualifying circumstances.

Full post as published by New York Public Personnel Law on June 02, 2008 (boomark / email).