IN THE MATTER OF KUBIAK


23 A.D.3d 980 (2005)

804 N.Y.S.2d 478

In the Matter of the Claim of ELIZABETH A. KUBIAK, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 23, 2005.


In October 2003, claimant began experiencing headaches and sensitivity to a coworker's fragrance. She reported this to her laboratory supervisor, who spoke with the coworker, and the coworker ceased wearing the perfume. Claimant continued to experience problems and, on January 12, 2004, resigned. Claimant was disqualified from receiving unemployment insurance benefits on the basis that she voluntarily left her employment without good cause. This decision was upheld by the...

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