Search Rutgers Law Library N.J. Court Opinions

181 KENNETH W. REDHEFFER v. BOARD OF REVIEW and LAIDLAW TRANSIT MANAGEMENT -- rank: 491

... Board of Review finding him disqualified for unemployment benefits under N.J.S.A. 43:21-5(a) for having left work voluntarily without good cause attributable ... 75 N.J. 544 , 562-63 (1978). The governing statute, N.J.S.A. 43:21-5(a), provides that an individual is disqualified for unemployment compensation ... driving while intoxicated, left work without good cause pursuant to N.J.S.A. 43:21-5(a), and was therefore disqualified for unemployment benefits. 114 N ... work voluntarily without good cause attributable to such work under N.J.S.A. 43:21-5(a). A driver's license is a prerequisite of employment ... 9.10(a) defines what constitutes a voluntary quit under N.J.S.A. 43:21-5(a) under such circumstances: If an individual is discharged due ... hired by Laidlaw, and therefore disqualified from unemployment benefits under N.J.S.A. 43:21-5(a). Claimant's argument that Laidlaw could have continued ...

docket:	a1898-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-29
status:	unpublished
citation:
Document Size:	16405

182 KENNETH SHERRER v. BOARD OF REVIEW DEPARTMENT OF LABOR and ALERIS ROLLED PRODUCTS -- rank: 489

... Tribunal that Sherrer was disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a), and that he was obligated to refund unentitled benefits ... to the parties affirming the Appeal Tribunal's decision. Citing N.J.S.A. 43:21-5(a), the Board ruled that Sherrer left his employment voluntarily ... v. Bd. of Review , 91 N.J. 453 , 459 (1982). N.J.S.A. 43:21-5(a), provides that a person is disqualified from receiving unemployment ...

docket:	a2422-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	18481

183 JOSEPH E. WAGNER, SR v. BOARD OF REVIEW -- rank: 489

... that found appellant is disqualified from receiving unemployment compensation under N.J.S.A. 43:21-5(a) because he resigned from his position as a salesperson ... conditions of the work offered were substantially less favorable. See N.J.S.A. 43:21-5(c). The Board entered its remand decision on July 12 ... again found appellant ineligible to receive unemployment compensation benefits under N.J.S.A. 43:21-5(a). The Board found: 2 A-5217-15T2 [T]he ... standard for determining appellant's eligibility for benefits was under N.J.S.A. 43:21-5(a), not N.J.S.A. 43:21-5(c). The Board concluded that appellant was not eligible to ... left work voluntarily without good cause attributable to such work . . . .' N.J.S.A. 43:21- 5(a). A claimant bears the burden of establishing 'good ...

docket:	a5217-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-17
status:
citation:
Document Size:	8774

184 BARBARA A. FARNWORTH v. BOARD OF REVIEW -- rank: 489

... Appeal Tribunal that Farnworth was not entitled to benefits under N.J.S.A. 43:21-5(a) because she did not demonstrate good cause attributed to ... v. Bd. of Review , 91 N.J. 453 , 459 (1982)). N.J.S.A. 43:21-5(a) provides that an individual who leaves work "voluntarily without ... a sufficient work-related reason is disqualified from benefits under N.J.S.A. 43:21-5(a). In essence, in determining whether the employee voluntarily left ... occurred and that it would have been good cause under N.J.S.A. 43:21-5(a) for Farnworth to leave her employment at Tyco had ...

docket:	a5594-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-05
status:	unpublished
citation:
Document Size:	17021

185 ALAN K. NOWAKOWSKI v. BOARD OF REVIEW, DEPARTMENT OF LABOR -- rank: 489

... left work voluntarily, without good cause attributable to such work. N.J.S.A. 43:21-5(a). Appellant filed a pro se brief in support of ... from his position without good cause attributable to the work. N.J.S.A. 43:21- 5(a). Appellant was also disqualified to receive benefits from January ... 2006). The Supreme Court recently reaffirmed that the Legislature 'amended [N.J.S.A. 43:21-5(a)] in 1961 to disqualify claimants who left work for ... 17T2 5 becomes reemployed and works eight weeks in employment.' N.J.S.A. 43:21- 5(a). Here the undisputed salient facts support the Board's ...

docket:	a0670-17
court:	NJ Superior Court Appellate Division
decided:	2018-09-21
status:	Unpublished
citation:
Document Size:	11327

186 JEFFREY AUGUSTIN v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 489

... Appeal Tribunal determined that Augustin was disqualified for benefits under N.J.S.A. 43:21-5(b) for "severe misconduct connected with the work" based on ... Close v. Kordulak Bros. , 44 N.J. 589 , 598 (1965). N.J.S.A. 43:21-5(b) identifies three categories of misconduct 1 connected with the ... severe misconduct and gross misconduct. "Severe misconduct" was added to N.J.S.A. 43:21-5(b) as a new misconduct provision by amendment in 2010 ... is not considered gross misconduct as defined in this section. [ N.J.S.A. 43:21-5(b)]. In Silver , supra , we construed these examples "as requiring ...

docket:	a1351-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-19
status:	unpublished
citation:
Document Size:	15853

187 ROBERT DYE v. BOARD OF REVIEW -- rank: 487

... review denied unemployment benefits, finding Dye engaged in "severe misconduct," N.J.S.A. 43:21-5(b). In this appeal, Dye argues he did not engage ... of the first, second, third or fourth degree." Ibid. (quoting N.J.S.A. 43:21-5(b)). In 2010, the Legislature added a third category â ... have applied a different standard on the severity aspect of N.J.S.A. 43:21-5(b) for medical personnel than for employees in other industries ... is not considered gross misconduct as defined in this section." N.J.S.A. 43:21-5(b). Our canons of construction strongly suggest that the final ...

docket:	a3419-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-01
status:	unpublished
citation:
Document Size:	21244

188 LATOYA THOMPSON v. BOARD OF REVIEW, DEPARTMENT OF LABOR -- rank: 487

... not eligible for benefits because her actions constituted simple misconduct, N.J.S.A. 43:21-5(b), and she had not actively sought work, N.J ...

docket:	a1409-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-10
status:	unpublished
citation:
Document Size:	16392

189 TOWNSHIP OF EDISON v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 487

... him from receiving benefits based on gross misconduct pursuant to N.J.S.A. 43:21-5(b). In a decision mailed to the parties on June ... State v. Basil , 202 N.J. 570 , 585 (2010)). Under N.J.S.A. 43:21-5(b), a claimant is disqualified to receive unemployment compensation benefits ...

docket:	a3979-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-21
status:	unpublished
citation:
Document Size:	22589

190 JENNIFER MOORE v. BOARD OF REVIEW and PHILLIPS & COHEN ASSOCIATES -- rank: 487

... that Moore was disqualified for unemployment compensation benefits pursuant to N.J.S.A. 43:21-5(a) because she left work voluntarily without good cause attributable ... is disqualified for benefits as of 02/22/09, under N.J.S.A. 43:21-5(a), as the claimant left work voluntarily without good cause ... 1 a section of the New Jersey Unemployment Compensation Law, N.J.S.A. 43:21-5(a), provided that a claimant is disqualified for benefits: [f ... at least six times the individual's weekly benefit rate . . . . [ N.J.S.A. 43:21-5(a) (emphasis added).] While the statute does not define "good ... a sufficient work-related reason is disqualified for benefits under N.J.S.A. 43:21-5(a). The test for determining whether an employee's decision ...

docket:	a2662-09
court:	superior court trial
decided:	2011-02-22
status:	unpublished
citation:
Document Size:	32329

191 MARGARET E. BUCKLEY v. BOARD OF REVIEW -- rank: 487

... to the work, and was accordingly disqualified for benefits under N.J.S.A. 43:21-5(a). We affirm. Buckley worked at Sarcom from December 2006 ... 1985). In order to be eligible for unemployment benefits under N.J.S.A. 43:21-5(a), an employee who has left work voluntarily must prove ... leaves work for a personal reason is still disqualified under N.J.S.A. 43:21-5(a). Self v. Bd. of Review , 91 N.J. 453 ...

docket:	a0862-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-28
status:	unpublished
citation:
Document Size:	13319

192 ALEXANDRA M. SALAS v. BOARD OF REVIEW, NEW JERSEY DEPARTMENT OF LABOR, and PRECISION METAL MACHINING, INC -- rank: 487

... left work voluntarily without good cause attributable to the work. N.J.S.A. 43:21-5(a). Salas appealed to the Board of Review (the Board ... it be disturbed. Brady , supra , 152 N.J. at 210. N.J.S.A. 43:21-5(a) provides that "[a]n individual shall be disqualified for ... risk involved to the health [and] safety" of the employee. N.J.S.A. 43:21-5(c)(1). We assume the Board found that the quality ... has significant implications regarding the time frame for disqualification. See N.J.S.A. 43:21-5(c) (limiting disqualification period to four weeks). We therefore reverse ...

docket:	a3077-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	19312

193 DAVID TARNOWSKI v. BOARD OF REVIEW DEPARTMENT OF LABOR and NEW NGC INC -- rank: 485

... that he was terminated from his job for severe misconduct. N.J.S.A. 43:21-5(b). We reverse and remand for the Board to consider ... cannot consider if his termination was for "severe misconduct" under N.J.S.A. 43:21-5(b) because the amendment which added the term "severe misconduct ... 430 N.J. Super. at 55-56. 1 Until 2010, N.J.S.A. 43:21-5(b) identified two types of misconduct that prevented full receipt ... It results in an eight-week disqualification from unemployment benefits. N.J.S.A. 43:21-5(b). We described this "two-prong standard" for misconduct as ... an intermediate type of misconduct, severe misconduct, was added to N.J.S.A. 43:21-5(b). L. 2010, c. 37, § 2, eff. July 1 ... least six times the employee's weekly unemployment benefit rate. N.J.S.A. 43:21-5(b). The statute does not define severe misconduct, but ...

docket:	a1065-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-09-09
status:	Published
citation:
Document Size:	17608

194 GUY J. TIRONDOLA v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 485

... Tribunal concluded that Tirondola was ineligible for unemployment benefits under N.J.S.A. 43:21-5(a), because he "left work voluntarily without good cause attributable ... Bd. of Review , 152 N.J. 197, 218 (1997). While N.J.S.A. 43:21-5(a) does not define "good cause," the statute has been ... aggravation of a preexisting condition would constitute good cause under N.J.S.A. 43:21-5(a). Ibid. Nonetheless, Wojcik failed to satisfy his burden "since ...

docket:	a2867-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-28
status:	unpublished
citation:
Document Size:	16434

195 /usr/local/share/www/libweb/collections/courts/appellate/a2835-17.opn.html -- rank: 485

... for simple misconduct[,]' and disqualified her for benefits pursuant to N.J.S.A. 43:21-5(b). The Director of Unemployment Insurance mailed Mackin a refund ... at 210. We set forth at length the history of N.J.S.A. 43:21-5(b) and accompanying regulations in In re N.J.A ... — that compelled a greater period of disqualification from benefits. N.J.S.A. 43:21-5(b). An employee is considered 'discharged for an act of ... 173. While the stay was in effect, the Legislature amended N.J.S.A. 43:21-5(b). L. 2018, c. 112. It eliminated the category of ... standards for a workplace free of drug and substance abuse. [N.J.S.A. 43:21-5(b).] As of today, however, the regulations have not been ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	10538