Labor & Employment Law

Unemployment insurance benefits denied teacher who resigned following harassment by students

By Harvey Randall, Esq.

Unemployment insurance benefits denied teacher who resigned following harassment by students
Matter of Viera v City School Dist. of City of New York, 2008 NY Slip Op 01273, Appellate Division, Third Department, Decided on February 14, 2008

Marianne L. Wilson Viera worked as an eighth grade English teacher at a school in New York City. She resigned from her position following a number of incidents in which she was orally harassed and physically threatened by students. The Unemployment Insurance Appeal Board ruled that Viera was ineligible for unemployment insurance benefits because she had voluntarily left her employment without good cause.

The Unemployment Insurance Appeal Board determined that Viera did not report all of these incidents to school officials and, in fact, the school principal took disciplinary measures against those students involved in the incidents that were reported.

The Appellate Division ruled that although Viera?s work environment ?was undoubtedly stressful,? there is no evidence that her safety was in actual jeopardy or that school officials refused to respond to her concerns. While "[f]ear for one's safety may be found to constitute reasonable cause for resigning if there is evidence that remaining in a job would jeopardize the claimant's physical well-being," in this instance the court found that substantial evidence supports the Board's decision and dismissed Viera?s appeal.

Full post as published by New York Public Personnel Law on March 04, 2008 (boomark / email).