Legal Opinion

In re Sellers

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1961PublishedCited by 12 opinions

1Opinion of the CourtCoon, J.

Claimant initially began work as a porter for the employer on August 27, 1957, at a wage of $52 for a 48-hour week. On January 6,1959, when his wage was $55 for a 48-hour week, claimant voluntarily quit because he was dissatisfied with the amount of his pay.

Assuming, arguendo, that claimant’s wages were substantially less than those prevailing for similar work in the locality, the question presented is whether an employee may take a job initially at such substandard wages and then by a voluntary quit qualify for unemployment benefits. The question has never been decided by the courts, hence…

2Cited by12 opinions

  1. Robertson v. BrownLouisiana Court of Appeal · 1962
  2. Hildebrand v. Unemployment Insurance Appeals BoardCalifornia Supreme Court · 1977
  3. In re the Claim of ConsentinoAppellate Division of the Supreme Court of the State of New York · 1979
  4. In re the Claim of AquilinaAppellate Division of the Supreme Court of the State of New York · 1978
  5. In re the Claim of TabakoffAppellate Division of the Supreme Court of the State of New York · 1991

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