In re Gruber, 89 N.Y.2d 225 (1996)
Under Labor Law § 593(1), the term “last employment” refers to the claimant’s last covered employment, meaning employment that is covered under the Unemployment Insurance Law, when determining eligibility for unemployment insurance benefits.
Summary
The New York Court of Appeals held that the term “last employment” in Labor Law § 593(1) refers to the claimant’s last “covered employment” as defined in Labor Law § 511, not merely the last actual employment, regardless of its coverage status. In Matter of Gruber, a medical resident left his residency shortly after starting due to illness. In Matter of Greene, a teacher left his job with the City of New York to pursue his education, taking a teaching position excluded from coverage. In both cases, the Court determined that since the claimants voluntarily separated from their last covered employment without good cause, they were disqualified from receiving unemployment benefits. The Court emphasized the importance of participation in the legislatively defined labor market for benefit eligibility.
Facts
Matter of Gruber: Gruber resigned from his position with the New York City Department of Health to begin a medical residency at St. Luke’s. He became ill shortly after starting the residency and never returned. The local unemployment office initially determined Gruber’s last employment was St. Luke’s, but the Unemployment Insurance Appeal Board later found that the services did fall within the Section 511 (15) exception and therefore St. Lukes was not responsible for the benefits.
Matter of Greene: Greene was simultaneously employed by the City of New York Department of Health and by the College of Staten Island while enrolled in a Master’s degree program. He voluntarily terminated his employment with the City Department of Health to pursue his education, while his teaching position at the college was not covered employment.
Procedural History
Matter of Gruber: The Unemployment Insurance Appeal Board determined Gruber’s services at St. Luke’s fell within the exception to the definition of employment, making St. Luke’s not liable for Gruber’s benefits. The Board deemed Gruber’s last employment with St. Luke’s and said he left with good cause. The Appellate Division affirmed. The City appealed.
Matter of Greene: The local office ruled Greene was eligible for benefits, but the City of New York objected, and a hearing was held before a State Department of Labor ALJ. The ALJ found that Greene was eligible for benefits, concluding that