I appear tomorrow before a NYS Unemployment Insurance Board…

1. In terms of a "hostile work environment, that has to be based upon your race, gender, age or other protected civil rights.

2. In terms of your argument you have to argue that the employer personally attacked your reputation, and made work conditions so harsh that your medical condition and the work conditions made it impossible for you to stay. You can establish a valid argument, however, I would not stress the medical issues as much as the harassment you faced. See the cases below.

http://jmpattorney.blogspot.com/2010/05/unemployment-insurance-hearings.html

Here is the general case law from the Appeals Board:

Incompatibility with
an employer ordinarily does not constitute good cause for a voluntary quit
unless accompanied by factors such as resulting impairment of the claimant's
health or impugnment by the employer of claimant's honesty and integrity.
(A-750-1243; A.B. 39,427-53)

False accusations or constant insinuations
made by the employer that claimant is dishonest may constitute good cause for
voluntary leaving. (A.B. 13,297-46)

Constant nagging by his supervisor,
as distinguished from legitimate criticism, may constitute good cause for an
employee's voluntary leaving of employment. (Ref. Dec. 51-325-52R; A-750-1138;
similarly, A.B. 258,475A)

When working conditions become intolerable
because of continuous friction with supervisor, good cause may exist for
voluntary leaving. (A.B. 12,979-46)

Mere inability to get along with
supervisor (clash of personalities) is not good cause for voluntary leaving.
(A.B. 13.010-46)

Mere displeasure with a co-worker's attitude in the
absence of evidence that health was being impaired is not sufficient of itself
to constitute good cause for voluntary leaving. (A.B. 16,683-48)


Inability to get along with a fellow employee is not in itself good
cause for leaving employment. (A.B. 7053-42)

Being harassed and annoyed
by co-workers to such an extent that health is adversely affected may be good
cause for voluntary leaving. (A.B. 8108-42)

A supervisor's continuing
use of abusive profanity when reprimanding the claimant, despite complaints to
the employer, provides good cause for voluntary leaving of employment. (A.B.
337,447; A-750-1941)

Disagreement with an employer's new and reasonable
"no smoking" policy, which makes provision to accommodate "smokers" does not
constitute good cause for leaving employment. (A.B. 388,255; A-750-1991)


Thus, one must establish, in effect, the existence of a "hostile
environment", acts of discrimination, harassment, etc, and it is best to be
specific, detailed and have back up of documents of all your claims

You do seem to have a strong case, where the employer made the work conditions so harsh that a reasonable person would be forced to leave.

You will need evidence of the harassment, and evidence the employer knew that these issues were happening at work, and they failed to take any action to remedy them.

Their are several cases that I cited above that are applicable to your case, you will have to review the cases full history, and cite them in your argument.

http://www.labor.ny.gov/uiappeal-decisions/546389-appeal-decision.pdf

http://www.labor.ny.gov/uiappeal-decisions/553242-appeal-decision.pdf

http://www.labor.ny.gov/uiappeal-decisions/548868-appeal-decision.pdf

http://www.labor.ny.gov/uiappeal-decisions/541833-appeal-decision.pdf

nd Filed: SEPTEMBER 11, 2009IN THE MATTER OF: Appeal Board No. 546389

PRESENT: EILEEN M. LONG CHELALES, LEONARD D. POLLETTA MEMBERS

The

Mailed and Filed: JULY 11, 2008IN THE MATTER OF: Appeal Board No. 540394PRESENT: MARYANN K. McCARTHY, TANYA R. DANIEL MEMBERS