Legal Opinion

In re Rubscha

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

Decided April 18, 2013Published

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 20, 2010, which ruled that claimant was disqualified from receiving unemployment insurance *1218benefits because he voluntarily left his employment without good cause.

Claimant had worked as a mechanical design engineer for 29 years when his employer instituted a voluntary reduction in force program in an effort to avoid eventual layoffs. He had no information that his job would be eliminated, but nevertheless accepted the severance package out of concern that he or his coworkers would be laid off. Inasmuch as leaving…

2Cases cited4 opinions

  1. In re the Claim of FisherNew York Court of Appeals · 1975
  2. In re the Claim of PowellAppellate Division of the Supreme Court of the State of New York · 2010
  3. In re KeaneAppellate Division of the Supreme Court of the State of New York · 2012
  4. In re BiedkaAppellate Division of the Supreme Court of the State of New York · 1993

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