554474 appeal decision
TRANSCRIPT
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STATE OF NEW YORK
UNEMPLOYMENT INSURANCE APPEAL BOARD
PO Box 15126
Albany NY 12212-5126
DECISION OF THE BOARD
Mailed and Filed: JUNE 20, 2011
IN THE MATTER OF: Appeal Board No. 554474
PRESENT: GEORGE FRIEDMAN, GERALDINE A. REILLY MEMBERS
The Department of Labor issued the initial determination disqualifying the claimant fromreceiving benefits, effective September 11, 2009, on the basis that the claimant
voluntarily separated from employment without good cause. The claimant requested a
hearing.
The Administrative Law Judge held a hearing at which all parties were accorded a full
opportunity to be heard and at which testimony was taken. There were appearances by
the claimant and on behalf of the employer. By decision filed October 12, 2010 (), the
Administrative Law Judge sustained the initial determination.
The claimant appealed the Judge's decision to the Appeal Board.
Based on the record and testimony in this case, the Board makes the following
FINDINGS OF FACT: The claimant worked for the employer for approximately 21 months
when she found it necessary to take a leave of absence for medical reasons. The
employer granted the claimant FMLA leave, and subsequently extended the claimant's
leave of absence after the Family and Medical Leave Act no longer applied. The
employer required medical documentation, however, to substantiate the claimant's need
for ongoing leave. The employer directed that the medical documentation be sent to the
employer's headquarters in Maryland. The claimant understood that her physician was
forwarding her medical documentation to the location that the employer designated. The
employer did not receive the documentation it required. By letter dated March 8, 2010,
the employer terminated the employment relationship based on the claimant's failure to
provide the required documentation.
OPINION: The credible evidence establishes that the employer discharged the claimant
when the employer did not receive medical documentation that the employer required in
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order to continue the claimant's medical leave. Because the employer discharged the
claimant, the claimant did not quit. Nor can it be said that the claimant provoked her
discharge by failing to comply with the employer's medical documentation requirement.
The doctrine of provoked discharge applies only to those cases in which a claimant
"voluntarily engages in conduct which transgresses a legitimate known obligation andleaves the employer no choice but to discharge him." (Matter of DeGrego, 39 N.Y.2d
180, 183). Here, the employer may have felt justified in discharging the claimant, but this
choice was nevertheless discretionary. Accordingly, we conclude that the claimant did
not quit her job, and the claimant is entitled to benefits.
DECISION: The decision of the Administrative Law Judge is reversed.
The initial determination, disqualifying the claimant from receiving benefits, effective
September 11, 2009, on the basis that the claimant voluntarily separated from
employment without good cause, is overruled.
The claimant is allowed benefits with respect to the issues decided herein.
GEORGE FRIEDMAN, MEMBER
GERALDINE A. REILLY, MEMBER