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16 NICOLE L. DUFAULT v. BOARD OF REVIEW, DEPARTMENT OF LABOR -- rank: 663

... she was disqualified from receiving unemployment compensation benefits pursuant to N.J.S.A. 43:21-5(a) and (b). We affirm. Dufault was employed by the ... Insurance determined that Dufault was disqualified for benefits pursuant to N.J.S.A. 43:21-5(b) because she was suspended or discharged for gross misconduct ... examiner found that Dufault was disqualified from benefits pursuant to N.J.S.A. 43:21-5(b) because she had been discharged for gross misconduct connected ... examiner found that Dufault was disqualified for benefits pursuant to N.J.S.A. 43:21-5(a) and (b). Dufault appealed the Appeal Tribunal's decision ... disqualified for benefits as of July 19, 2015, pursuant to N.J.S.A. 43:21-5(a) because she left her position for personal reasons, not ... disqualified from benefits as of February 22, 2015, pursuant to N.J.S.A. 43:21-5(b) because she was discharged for gross misconduct connected ...

docket:	a2132-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-09
status:	unpublished
citation:
Document Size:	25127

17 EVAN F. AHERNE v. BOARD OF REVIEW DEPARTMENT OF LABOR and KELLY SERVICES, INC -- rank: 661

... disqualified for benefits as of May 15, 2016, pursuant to N.J.S.A. 43:21- -5(a). Having reviewed the record in light of the applicable ... cause attributable to the work and no disqualification [arose] under N.J.S.A. 43:21- 5(a).'3 Likewise, '[n]o disqualification [arose] . . . under N.J.S.A. 43:21-5(b) as [Aherne] was not discharged for misconduct connected with ... and has demonstrated to be actively seeking work[.]' 3 Under N.J.S.A. 43:21-5(a), an individual is disqualified for benefits '[f]or the ... becomes reemployed and works eight weeks in employment[.]' 4 Under N.J.S.A. 43:21-5(b), an individual is disqualified for benefits '[f]or the ... disqualified for benefits as of May 15, 2016, pursuant to N.J.S.A. 43:21-5(a) and N.J.A.C. 12:17-9. ...

docket:	a0454-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-23
status:	Unpublished
citation:
Document Size:	20340

18 BOROUGH OF RINGWOOD v. BOARD OF REVIEW DEPARTMENT OF LABOR and BARBARA FICKEN -- rank: 656

... and therefore was not disqualified for unemployment benefits pursuant to N.J.S.A. 43:21-5(a). We conclude the Board's decision, reversing that of ... job. The Tribunal found Ficken was disqualified for benefits under N.J.S.A. 43:21-5(a), concluding that she voluntarily left work without good cause ... work. It found that the disqualification did not arise under N.J.S.A. 43:21-5(b), as Ficken was not discharged for misconduct connected with ... performed. The Board held that Ficken was not disqualified under N.J.S.A. 43:21-5(a) because the facts showed that Ficken's separation was ... Board agreed with the Tribunal that no disqualification arose under N.J.S.A. 43:21-5(b). Therefore, Ficken was eligible for unemployment benefits. This appeal ... the evidence "clearly established" her intent to return to work. N.J.S.A. 43:21-5(a) is a section of "New Jersey's Unemployment ...

docket:	a1244-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-08
status:	unpublished
citation:
Document Size:	37416

19 Lourdes Medical Center of Burlington County v. Board of Review -- rank: 649

... misapprehends the import of the disqualification provisions of that Law, N.J.S.A . 43:21-5(d); and (3) ignores stark economic reality. CHIEF JUSTICE RABNER ... Center of Burlington County (Lourdes), were entitled to unemployment benefits. N.J.S.A. 43:21-5 provides that striking workers are entitled to unemployment benefits, except ... the striking workers. That undertaking requires that we first construe N.J.S.A. 43:21-5 states that [a]n individual shall be disqualified for benefits ... premises at which the individual is or was last employed. [ N.J.S.A. 43:21-5 (emphasis added).] It has been long accepted that the term ... J.A.C. 12:17-12.2(a)(2) and N.J.S.A. 43:21-5(d). However, as a conscious business objective, the hospital may ... was adopted -- but only in part -- when the Legislature amended N.J.S.A. 43:21-5, titled "Disqualification for benefits," sets forth seven disqualifying criteria ...

docket:	a-70-07
court:
decided:	2009-01-27
status:
citation:	197 N.J. 325 963 A.2d 281
Document Size:	130375

20 PETER J. FORTUNATO JR v. BOARD OF REVIEW DEPARTMENT OF LABOR AND VERIZON -- rank: 647

... left work voluntarily without good cause attributable to such work." N.J.S.A. 43:21-5(a). The Board of Review affirmed the decision of the ... 381 N.J. Super. 162 , 168 (App. Div. 2005)). However, N.J.S.A. 43:21-5(a) disqualifies an individual from the receipt of unemployment compensation ... each week thereafter until the individual becomes reemployed.'" Ibid. (quoting N.J.S.A. 43:21-5(a)). Therefore, "benefits are available to a worker who voluntarily ... incentive package, they are disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a), unless they "establish by 'definite objective facts,' (1) a ... an early retirement package, is disqualified from receiving benefits under N.J.S.A. 43:21-5(a). 268 N.J. Super. 54 , 55 (App. Div. 1993 ...

docket:	a0288-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	59016

21 PETER J. FORTUNATO JR v. BOARD OF REVIEW DEPARTMENT OF LABOR AND VERIZON -- rank: 647

... left work voluntarily without good cause attributable to such work." N.J.S.A. 43:21-5(a). The Board of Review affirmed the decision of the ... 381 N.J. Super. 162 , 168 (App. Div. 2005)). However, N.J.S.A. 43:21-5(a) disqualifies an individual from the receipt of unemployment compensation ... each week thereafter until the individual becomes reemployed.'" Ibid. (quoting N.J.S.A. 43:21-5(a)). Therefore, "benefits are available to a worker who voluntarily ... incentive package, they are disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a), unless they "establish by 'definite objective facts,' (1) a ... an early retirement package, is disqualified from receiving benefits under N.J.S.A. 43:21-5(a). 268 N.J. Super. 54 , 55 (App. Div. 1993 ...

docket:	a0293-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	59016

22 PETER J. FORTUNATO JR - v. BOARD OF REVIEW DEPARTMENT OF LABOR AND VERIZON -- rank: 647

... left work voluntarily without good cause attributable to such work." N.J.S.A. 43:21-5(a). The Board of Review affirmed the decision of the ... 381 N.J. Super. 162 , 168 (App. Div. 2005)). However, N.J.S.A. 43:21-5(a) disqualifies an individual from the receipt of unemployment compensation ... each week thereafter until the individual becomes reemployed.'" Ibid. (quoting N.J.S.A. 43:21-5(a)). Therefore, "benefits are available to a worker who voluntarily ... incentive package, they are disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a), unless they "establish by 'definite objective facts,' (1) a ... an early retirement package, is disqualified from receiving benefits under N.J.S.A. 43:21-5(a). 268 N.J. Super. 54 , 55 (App. Div. 1993 ...

docket:	a1259-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	59017

23 PETER J. FORTUNATO JR v. BOARD OF REVIEW DEPARTMENT OF LABOR AND VERIZON -- rank: 647

... left work voluntarily without good cause attributable to such work." N.J.S.A. 43:21-5(a). The Board of Review affirmed the decision of the ... 381 N.J. Super. 162 , 168 (App. Div. 2005)). However, N.J.S.A. 43:21-5(a) disqualifies an individual from the receipt of unemployment compensation ... each week thereafter until the individual becomes reemployed.'" Ibid. (quoting N.J.S.A. 43:21-5(a)). Therefore, "benefits are available to a worker who voluntarily ... incentive package, they are disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a), unless they "establish by 'definite objective facts,' (1) a ... an early retirement package, is disqualified from receiving benefits under N.J.S.A. 43:21-5(a). 268 N.J. Super. 54 , 55 (App. Div. 1993 ...

docket:	a0533-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	59016

24 PETER J. FORTUNATO JR v. BOARD OF REVIEW DEPARTMENT OF LABOR AND VERIZON -- rank: 647

... left work voluntarily without good cause attributable to such work." N.J.S.A. 43:21-5(a). The Board of Review affirmed the decision of the ... 381 N.J. Super. 162 , 168 (App. Div. 2005)). However, N.J.S.A. 43:21-5(a) disqualifies an individual from the receipt of unemployment compensation ... each week thereafter until the individual becomes reemployed.'" Ibid. (quoting N.J.S.A. 43:21-5(a)). Therefore, "benefits are available to a worker who voluntarily ... incentive package, they are disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a), unless they "establish by 'definite objective facts,' (1) a ... an early retirement package, is disqualified from receiving benefits under N.J.S.A. 43:21-5(a). 268 N.J. Super. 54 , 55 (App. Div. 1993 ...

docket:	a0494-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	59016

25 PETER J. FORTUNATO JR v. BOARD OF REVIEW DEPARTMENT OF LABOR AND VERIZON -- rank: 647

... left work voluntarily without good cause attributable to such work." N.J.S.A. 43:21-5(a). The Board of Review affirmed the decision of the ... 381 N.J. Super. 162 , 168 (App. Div. 2005)). However, N.J.S.A. 43:21-5(a) disqualifies an individual from the receipt of unemployment compensation ... each week thereafter until the individual becomes reemployed.'" Ibid. (quoting N.J.S.A. 43:21-5(a)). Therefore, "benefits are available to a worker who voluntarily ... incentive package, they are disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a), unless they "establish by 'definite objective facts,' (1) a ... an early retirement package, is disqualified from receiving benefits under N.J.S.A. 43:21-5(a). 268 N.J. Super. 54 , 55 (App. Div. 1993 ...

docket:	a0300-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	59016

26 PETER J. FORTUNATO JR v. BOARD OF REVIEW DEPARTMENT OF LABOR AND VERIZON -- rank: 647

... left work voluntarily without good cause attributable to such work." N.J.S.A. 43:21-5(a). The Board of Review affirmed the decision of the ... 381 N.J. Super. 162 , 168 (App. Div. 2005)). However, N.J.S.A. 43:21-5(a) disqualifies an individual from the receipt of unemployment compensation ... each week thereafter until the individual becomes reemployed.'" Ibid. (quoting N.J.S.A. 43:21-5(a)). Therefore, "benefits are available to a worker who voluntarily ... incentive package, they are disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a), unless they "establish by 'definite objective facts,' (1) a ... an early retirement package, is disqualified from receiving benefits under N.J.S.A. 43:21-5(a). 268 N.J. Super. 54 , 55 (App. Div. 1993 ...

docket:	a6571-05
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-05
status:	Published
citation:
Document Size:	57692

27 PETER J. FORTUNATO JR v. BOARD OF REVIEW DEPARTMENT OF LABOR AND VERIZON -- rank: 647

... left work voluntarily without good cause attributable to such work." N.J.S.A. 43:21-5(a). The Board of Review affirmed the decision of the ... 381 N.J. Super. 162 , 168 (App. Div. 2005)). However, N.J.S.A. 43:21-5(a) disqualifies an individual from the receipt of unemployment compensation ... each week thereafter until the individual becomes reemployed.'" Ibid. (quoting N.J.S.A. 43:21-5(a)). Therefore, "benefits are available to a worker who voluntarily ... incentive package, they are disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a), unless they "establish by 'definite objective facts,' (1) a ... an early retirement package, is disqualified from receiving benefits under N.J.S.A. 43:21-5(a). 268 N.J. Super. 54 , 55 (App. Div. 1993 ...

docket:	a0600-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	59016

28 PETER J. FORTUNATO JR v. BOARD OF REVIEW DEPARTMENT OF LABOR AND VERIZON -- rank: 647

... left work voluntarily without good cause attributable to such work." N.J.S.A. 43:21-5(a). The Board of Review affirmed the decision of the ... 381 N.J. Super. 162 , 168 (App. Div. 2005)). However, N.J.S.A. 43:21-5(a) disqualifies an individual from the receipt of unemployment compensation ... each week thereafter until the individual becomes reemployed.'" Ibid. (quoting N.J.S.A. 43:21-5(a)). Therefore, "benefits are available to a worker who voluntarily ... incentive package, they are disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a), unless they "establish by 'definite objective facts,' (1) a ... an early retirement package, is disqualified from receiving benefits under N.J.S.A. 43:21-5(a). 268 N.J. Super. 54 , 55 (App. Div. 1993 ...

docket:	a0536-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-06-05
status:	unpublished
citation:
Document Size:	59016

29 PAUL B. DALNOKY v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 638

... him] for A-5118-15T4 4 benefits . . . in accordance with N.J.S.A. 43:21-5(b) and N.J.A.C. 12:17-10.6 ... which immediately follow that week, as determined in each case.' N.J.S.A. 43:21-5(b) (2014) (current version at N.J.S.A. 43:21-5(b) (2018)). The applicable regulation stated: 'For an act to ... to changes in the statute. We noted the Legislature amended N.J.S.A. 43:21-5(b) and added 'severe misconduct' as an intermediate level of ...

docket:	a5118-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-21
status:	Unpublished
citation:
Document Size:	30316

30 PERRY A. HEMINGWAY v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 631

... Unemployment Insurance determined that Hemingway was disqualified for benefits under N.J.S.A. 43:21-5(b) because he was discharged for severe misconduct related to ... examiner determined that Hemingway was disqualified for benefits pursuant to N.J.S.A. 43:21-5(b) for severe misconduct connected with the work. After reviewing ... discharged for "misconduct" or "gross misconduct" connected with the work. N.J.S.A. 43:21-5(b). Although "misconduct" is not defined in the statute, our ... we have held that [m]isconduct within the meaning of [ N.J.S.A. 43:21-5(b)] . . . must be an act of wanton or willful disregard ... have concluded that a period of "disqualification [for misconduct] under N.J.S.A. 43:21-5(b) is warranted only when the employee's conduct . . . had ... the employer has the right to expect of an employee.") N.J.S.A. 43:21-5(b) was amended in 2010 to add "severe misconduct" ...

docket:	a3196-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-21
status:	unpublished
citation:
Document Size:	23355