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46 ANA Y. SOLER v. BOARD OF REVIEW -- rank: 610

... left work voluntarily without good cause attributable to [her] work," N.J.S.A. 43:21-5(a), was ineligible for unemployment compensation, and was required by ... decision determining that Soler was ineligible for benefits pursuant to N.J.S.A. 43:21-5(a). "The claimant's separation occurred when the claimant was ... left work voluntarily without good cause attributable to such work . . . ." N.J.S.A. 43:21-5(a). Moreover, if an employee receives benefits that were not ... stating that agency cannot deny benefits on the basis of N.J.S.A. 43:21-5(a) if claimant was qualified for leave under the Family ... work "voluntarily without good cause attributable to such work" under N.J.S.A. 43:21-5(a). Under the circumstances of this case — where the ... not voluntarily left work, thereby precluding benefits, as contemplated by N.J.S.A. 43:21-5(a). "Employees frequently leave work temporarily for some fleeting ...

docket:	a6393-08
court:	NJ Superior Court Appellate Division
decided:	2011-04-07
status:	unpublished
citation:
Document Size:	49141

47 /usr/local/share/www/libweb/collections/courts/appellate/a1940-21.opn.html -- rank: 610

... voluntarily without good cause attributable to the work. 2 See N.J.S.A. 43:21- 5(a) (providing, in part, an individual is disqualified for unemployment ...

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48 VIOLA S. SANDERS v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 608

... that she was terminated from her job for severe misconduct. N.J.S.A. 43:21- 5(b). The primary question is whether Sanders' reinstatement by her ... ruling, again determined that she was disqualified for benefits under N.J.S.A. 43:21-5(b) because she was discharged for severe misconduct connected with ... remains disqualified for benefits as of November 13, 2011, under N.J.S.A. 43:21-5(b), on the ground that [she] was discharged for severe ... lateness or absences after a written warning by an employer." N.J.S.A. 43:21-5(b). Neither party, however, directly addresses the issue we find ... 58 (App. Div. 2013). In July 2010, the Legislature amended N.J.S.A. 43:21-5(b) by providing that an employee engaging in severe misconduct ... lateness or absences after a written warning by an employer . . . . [ N.J.S.A. 43:21-5(b).] "Our paramount goal in interpreting a statute is ...

docket:	a1506-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-29
status:	unpublished
citation:
Document Size:	22926

49 GARY HOLMES, III v. BOARD OF REVIEW and AUTOZONERS, LLC -- rank: 608

... disqualify an individual from unemployment benefits: misconduct and gross misconduct. N.J.S.A. 43:21-5(b) (2007); see Silver v. Bd. of Review , 430 N ... Misconduct results in an eight-week disqualification from unemployment benefits. N.J.S.A. 43:21-5(b). Gross misconduct requires "an act punishable as a crime ... for benefits. Silver , supra , 430 N.J. Super. at 48. N.J.S.A. 43:21-5(b) was amended in 2010 to include an intermediate level ... at least four weeks, and reaches a certain earnings amount. N.J.S.A. 43:21-5(b) (2010). The statute does not comprehensibly define severe misconduct ... is not considered gross misconduct as defined in this section. [ N.J.S.A. 43:21-5(b) (emphasis added).] In Silver , supra , we noted that the ... AutoZone's company policy, both examples of severe misconduct in N.J.S.A. 43:21-5(b). Additionally, his "repetitive violation[s] . . . justif[ied] a ...

docket:	a1420-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-21
status:	unpublished
citation:
Document Size:	22865

50 ANTHONY O. PATANELLA v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 606

... benefits because of his "severe misconduct connected with the work." N.J.S.A. 43:21-5(b). For the reasons that follow, we reverse and remand ... from unemployment compensation benefits for misconduct connected with the work, N.J.S.A. 43:21-5(b), was amended by the Legislature effective July 1, 2010 ... the latter carrying more serious consequences. Id. at 48 (interpreting N.J.S.A. 43:21-5(b) as adopted in L. 1936, c. 270, § 5 ... for "misconduct" and less serious than those for "gross misconduct." N.J.S.A. 43:21-5(b) (as amended by L. 2010, c. 37, § 2 ... is not considered gross misconduct as defined in this section. [ N.J.S.A. 43:21-5(b).] As explained in Silver , the addition of this intermediate ... statute to limit "severe misconduct" to the examples listed in N.J.S.A. 43:21-5(b) only if the "acts [are] done intentionally, deliberately, ...

docket:	a3522-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-23
status:	unpublished
citation:
Document Size:	21332

51 JUDITH HUNTER v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 606

... Board), disqualifying her from receiving unemployment benefits in accordance with N.J.S.A. 43:21-5(a), because she left employment with respondent, Gemini Massage Envy ... applied the provisions of "the recently amended voluntary quit statute, N.J.S.A. 43:21-5(a), because she left her job to accept a new ... Div. 2007)). In reaching its decision, the Board relied upon N.J.S.A. 43:21-5(a), a section of "New Jersey's Unemployment Compensation Law ... left work voluntarily without good cause attributable to such work . . . ." N.J.S.A. 43:21-5(a). A claimant seeking unemployment compensation benefits has the burden ... s] failure to do so disqualifies her for benefits under N.J.S.A. 43:21-5(a) because she left work voluntarily without good cause attributable ... voluntarily leaving work without good cause 'attributable to such work." N.J.S.A. 43:21-5(a). We turn next to Hunter's argument that ...

docket:	a3837-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-02
status:	unpublished
citation:
Document Size:	32034

52 LUIGI COPPOLA v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 604

... the work and was consequently disqualified from benefits pursuant to N.J.S.A. 43:21-5. Coppola appealed to the Board, which affirmed on June 21 ... 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 ... the Board's determination that Coppola was disqualified pursuant to N.J.S.A. 43:21-5(a) because he left employment without good cause attributable to ...

docket:	a5941-11
court:	NJ Superior Court Appellate Division
decided:	2014-09-05
status:	unpublished
citation:
Document Size:	29156

53 /usr/local/share/www/libweb/collections/courts/appellate/a2866-12xx.opn.html -- rank: 604

... the work and was consequently disqualified from benefits pursuant to N.J.S.A. 43:21-5. Coppola appealed to the Board, which affirmed on June 21 ... 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 ... the Board's determination that Coppola was disqualified pursuant to N.J.S.A. 43:21-5(a) because he left employment without good cause attributable to ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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54 WILLIAM T. BYRNE v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 601

... of one year' beginning September 10, 2015, in accordance with N.J.S.A. 43:21-5(g)(1); and fined twenty-five percent of the total ... that subjected him to 'disqualification and reduction in benefits' under N.J.S.A. 43:21-5(g)(1) for one year from September 10, 2015, liability ... 14 of the illegal receipt or attempted receipt of benefits,' N.J.S.A. 43:21- -5(g)(1), and is held 'liable to a fine of ...

docket:	a5518-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-21
status:	Unpublished
citation:
Document Size:	32160

55 ANGELIQUE KIRKMAN v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 601

... Review (Board), disqualifying her from receiving unemployment benefits pursuant to N.J.S.A. 43:21-5(b), because she was terminated by her employer, Sprint/United ... willful misconduct, and [as such] no disqualification ar[ose] under N.J.S.A. 43:21-5(b).' Sprint timely appealed from that decision and on June ... Review, 430 N.J. Super. 44, 54 (App. Div. 2013). N.J.S.A. 43:21-5 governs disqualification for unemployment benefits. Under the version of the ... an employer' was a specific example of severe misconduct under N.J.S.A. 43:21-5(b). Pursuant to regulation, severe misconduct was defined as 'an ... we construed severe misconduct based on repeated 3 We recognize N.J.S.A. 43:21-5(b) was amended on August 24, 2018, eliminating 'severe misconduct ... Legislature was silent as to retroactivity, the former version of N.J.S.A. 43:21- 5(b) applies here. See Maeker v. Ross, 219 N. ...

docket:	a3174-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-08
status:	Unpublished
citation:
Document Size:	17737

56 A-0KEVIN DAVIS v. BOARD OF REVIEW, MOBILE CLEANING SYSTEMS, LLC AND MARINE CONTRACTING LLC,1 May 19 2015 -- rank: 599

... he had previously been disqualified for unemployment benefits pursuant to N.J.S.A. 43:21-5(a) for voluntarily leaving his employment at Mobile Cleaning Systems ... at least ten times the individual's weekly benefit rate[.] [ N.J.S.A. 43:21-5(a).] "'[G]ood cause attributable to such work' means a ... left work voluntarily without good cause attributable to the work. N.J.S.A. 43:21-5(a). The disqualification continues until the individual becomes re-employed ... if an individual has been disqualified for benefits pursuant to N.J.S.A. 43:21-5(a), he or she may not receive DDU benefits until ... was disqualified for DDU benefits because he was disqualified under N.J.S.A. 43:21-5(a) for unemployment benefits and the disqualification continued because he ...

docket:	a3046-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-27
status:	unpublished
citation:
Document Size:	19326

57 ANTHONY DEFILIPPO v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 597

... left work voluntarily without good cause attributable to the work, N.J.S.A. 43:21-5(a). We affirm. The record reveals that DeFilippo began working ... 2013; finding that DeFilippo was not disqualified for benefits under N.J.S.A. 43:21-5(c) because his resignation was for good cause as his ... Appeal Tribunal's determination that DeFilippo was not disqualified under N.J.S.A. 43:21-5(c) but for a different reason. The Board determined that ... work. Even so, the Board considered DeFilippo's claim under N.J.S.A. 43:21-5(a), which denies benefits where a person "has left work ... Davanti contends DeFilippo is also disqualified from receiving benefits under N.J.S.A. 43:21-5(c). We exercise a limited role in reviewing agency decisions ... J. at 218. As noted, the statue in question here, N.J.S.A. 43:21-5(a), provides that a person is disqualified from receiving ...

docket:	a0439-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-14
status:	unpublished
citation:
Document Size:	17050

58 ISABELLA BASILE v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 597

... benefits for severe misconduct connected to the work, pursuant to N.J.S.A. 43:21-5(b). We affirm. Basile was employed as a server at ... concluded that Basile was disqualified for unemployment benefits pursuant to N.J.S.A. 43:21-5(b). Pursuant to the statute, Basile was disqualified "[f]or ... that Basile was disqualified for unemployment compensation benefits pursuant to N.J.S.A. 43:21-5(b) because Basile engaged in severe misconduct connected with the ... is not considered gross misconduct as defined in this section. [ N.J.S.A. 43:21-5(b).] The term "gross misconduct" is defined as the commission ... fourth degree under the New Jersey Code of Criminal justice. N.J.S.A. 43:21-5(b). Misconduct for purposes of disqualification under N.J.S.A. 43:21-5(b) has been defined by regulation as conduct that ...

docket:	a3221-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-19
status:	unpublished
citation:
Document Size:	20434

59 ANTHONY DEFILIPPO v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 597

... left work voluntarily without good cause attributable to the work, N.J.S.A. 43:21-5(a). We affirm. The record reveals that DeFilippo began working ... 2013; finding that DeFilippo was not disqualified for benefits under N.J.S.A. 43:21-5(c) because his resignation was for good cause as his ... Appeal Tribunal's determination that DeFilippo was not disqualified under N.J.S.A. 43:21-5(c) but for a different reason. The Board determined that ... work. Even so, the Board considered DeFilippo's claim under N.J.S.A. 43:21-5(a), which denies benefits where a person "has left work ... Davanti contends DeFilippo is also disqualified from receiving benefits under N.J.S.A. 43:21-5(c). We exercise a limited role in reviewing agency decisions ... J. at 218. As noted, the statue in question here, N.J.S.A. 43:21-5(a), provides that a person is disqualified from receiving ...

docket:	a0439-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-14
status:	unpublished
citation:
Document Size:	17061

60 CLARENCE HALEY v. BOARD OF REVIEW, -- rank: 585

... charges were dismissed, as a 'voluntary' separation from employment under N.J.S.A. 43:21-5(a). He asserts this is inconsistent with the remedial purpose ... their work.' Utley, 194 N.J. at 543-44. Under N.J.S.A. 43:21-5(a), a claimant is disqualified from unemployment compensation '[f]or ... such work' until reemployed as set forth in the statute. N.J.S.A. 43:21-5(a). We considered the same issue presented here in Fennell ... 93-618 (19 U.S.C. § 2296 (a)(1)),' N.J.S.A. 43:21-5(h)(1), or who have 'left work or [were] discharged ... new place of residence outside the State,' under certain circumstances. N.J.S.A. 43:21-5(k). Under Haley's interpretation of the statute, there would ...

docket:	a4973-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-24
status:	Published
citation:
Document Size:	28994