MATTER OF RUBSCHA

512922.

105 A.D.3d 1217 (2013)

962 N.Y.S.2d 814

2013 NY Slip Op 2609

In the Matter of ROBERT F. RUBSCHA, Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided April 18, 2013.


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 a job in order to take advantage of a severance or early retirement package when continuing work is available does not constitute...

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