The Third Department, reversing the board, determined claimant’s acceptance of $10,000 and his agreement to resign during the course of grievance proceedings constituted a voluntary separation from his employment. Claimant was therefore not entitled to unemployment insurance benefits:
… [C]laimant’s resignation and acceptance of the $10,000 payment in settlement of outstanding grievances and other claims constitutes a voluntary separation from employment disqualifying him from receiving unemployment insurance benefits … . There is no indication that claimant was forced to accept the settlement agreement or that he was subject to disciplinary action if he did not. Matter of Gill (Phoenix Energy Mgt. Inc. — Commissioner of Labor), 2016 NY Slip Op 08140, 3rd Dept 12-1-16
UNEMPLOYMENT INSURANCE (CLAIMANT ACCEPTED $10,000 AND AGREED TO RESIGN IN GRIEVANCE PROCEEDINGS, VOLUNTARY SEPARATION PRECLUDED UNEMPLOYMENT INSURANCE BENEFITS)/VOLUNTARY SEPARATION (UNEMPLOYMENT INSURANCE, CLAIMANT ACCEPTED $10,000 AND AGREED TO RESIGN IN GRIEVANCE PROCEEDINGS, VOLUNTARY SEPARATION PRECLUDED UNEMPLOYMENT INSURANCE BENEFITS)