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61 GABRIEL JIMENEZ v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 583

... left work voluntarily without good cause attributable to such work,' N.J.S.A. 43:21-5(a), and ineligible for PUA benefits, because his 'unemployment was ... liable to repay $12,240. We are unpersuaded. A. Under N.J.S.A. 43:21-5(a), employees who quit their jobs are disqualified for unemployment ...

docket:	a2964-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-13
status:	Unpublished
citation:
Document Size:	21416

62 /usr/local/share/www/libweb/collections/courts/appellate/a5106-18.opn.html -- rank: 583

... v. Smalls, 153 N.J. Super. 411 (App. Div. 1977), N.J.S.A. 43:21-5(b), and its own regulations by failing to enforce the ... the Board's obligation to reimburse the unemployment compensation fund. N.J.S.A. 43:21- 5(b) provides that 'an individual who is restored to employment ... whether reimbursement to the unemployment compensation fund is necessary under N.J.S.A. 43:21-5(b) or Smalls. To the extent we have not addressed ...

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63 MICHELLE LOVE v. BOARD OF REVIEW DEPARTMENT OF LABOR, and EMPIRE INTERNATIONAL, LTD -- rank: 581

... for benefits as of May 20, 2018, in accordance with N.J.S.A. 43:21-5(a).1 Claimant appealed. In her pro se letter to ... was discharged for simple misconduct connected to the work. See N.J.S.A. 43:21-5(b). A-1181-18T1 7 In its decision, the Board ... left work voluntarily without good cause attributable to such work.' N.J.S.A. 43:21-5(a). The phrase 'good cause attributable to such work' is ... 218; N.J.A.C. 12:17-9.1(c). N.J.S.A. 43:21-5(a) 'protects not only workers who are involuntarily unemployed—those ... of the determination of claimant's disqualification from benefits under N.J.S.A. 43:21-5(a). We vacate the Board's decision and remand for ...

docket:	a1181-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-26
status:	Unpublished
citation:
Document Size:	28786

64 DAVID KLEINSCHMIDT v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 574

... 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 ... benefits because he had been terminated for "severe misconduct" under N.J.S.A. 43:21-5(b). The Tribunal stated: The evidence presented indicates that [appellant ... rises to the level of severe misconduct in accordance with [ N.J.S.A. ] 43:21-5(b). The Board of Review affirmed the Appeal Tribunal's ... Silver , supra , 430 N.J. Super. at 58. 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 ...

docket:	a4375-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-14
status:	unpublished
citation:
Document Size:	21081

65 RICHARD A. POLINE v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 574

... in finding that he was disqualified for benefits pursuant to N.J.S.A. 43:21-5(a) because he left work voluntarily without good cause. We ... State , 184 N.J. 367 , 384 (2005) (alteration in original). N.J.S.A. 43:21-5(a), provides that an individual is disqualified for unemployment compensation ... a sufficient work-related reason is disqualified from benefits under N.J.S.A. 43:21-5(a). An analysis of a claimant's eligibility for benefits ... transportation necessary for his work constituted a "voluntary" separation under N.J.S.A. 43:21-5(a), finding it "inconsistent with the principle that the Unemployment ... work-related reason and, therefore, is disqualified from benefits under N.J.S.A. 43:21-5(a). 2 Affirmed. 1 At this time, appellant also had ...

docket:	a3576-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-09
status:	unpublished
citation:
Document Size:	36561

66 JAMES MACISAAC v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 569

... Appeal Tribunal found MacIsaac was "indefinitely disqualified for benefits under N.J.S.A. 43:21-5(b) from 6/24/12, as the discharge was for severe misconduct connected with the work." "Severe misconduct" under N.J.S.A. 43:21-5(b) includes "repeated violations of an employer's rule or ... he committed a violation that falls within the meaning of N.J.S.A. 43:21-5(b). In support of his position, MacIsaac specifically focuses on ... we highlighted the two examples of severe conduct used in N.J.S.A. 43:21-5(b): (1) "repeated violations of an employer's rule or ... to find the second occurrence amounted to severe misconduct under N.J.S.A. 43:21-5(b), as construed in Silver . Because the second violation of ...

docket:	a1136-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-25
status:	unpublished
citation:
Document Size:	21966

67 JESSICA L. FURNARE v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 569

... left work voluntarily without good cause attributable to such work. N.J.S.A. 43:21-5. The Appeal Tribunal reversed the Claims Examiner's decision, holding appellant was not disqualified for unemployment compensation benefits under N.J.S.A. 43:21-5(a) or (b) because she was discharged "while out on ... disqualified for benefits from October 23, 2010 in accordance with N.J.S.A. 43:21-5(a)." 1 Our capacity to review decisions of the administrative ... for good cause attributable to their work." Id. at 544. N.J.S.A. 43:21-5(a) disqualifies an individual from the receipt of unemployment compensation ... to the work. She is thus disqualified for benefits under N.J.S.A. 43:21-5(a). Affirmed. 1 Although the Board did not order appellant ...

docket:	a4089-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-23
status:	unpublished
citation:
Document Size:	16709

68 TALMAGE LORD v. BOARD OF REVIEW, N.J DEPARTMENT OF LABOR and CROSSMARK, INC -- rank: 567

... resign" left his employment "voluntarily" and is therefore disqualified under N.J.S.A. 43:21-5(a) from receiving unemployment compensation benefits. We conclude that such ... Board of Review subsequently affirmed the Appeal Tribunal's decision. N.J.S.A. 43:21-5(a) provides in pertinent part that an employee who "has ... that separation was for "good cause attributable to the work." N.J.S.A. 43:21-5(a); see Utley v. Bd. of Review , 194 N.J ... from employment will be considered "voluntary" within the intent of N.J.S.A. 43:21-5(a) only if "the decision whether to go or to ... constituted a "voluntary" separation from employment within the intent of N.J.S.A. 43:21-5(a) is inconsistent with the principle that the Unemployment Compensation ... employee's separation from employment is found to fall within N.J.S.A. 43:21-5(a) continues for the duration of his unemployment; the ...

docket:	a1054-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-11
status:	published
citation:	425 N.J. Super. 187 40 A.3d 94
Document Size:	31447

69 JAYSON SAPORITO v. BOARD OF REVIEW -- rank: 565

... Unemployment Insurance determined that Saporito 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 Saporito was disqualified for benefits pursuant to N.J.S.A. 43:21-5(b) for severe misconduct connected with the work. The appeals ... misconduct." Silver , supra , 430 N.J. Super. at 48 (citing N.J.S.A. 43:21-5(b)). In 2010, the statute was amended to add a ... punishable as a first, second, third or fourth-degree offense. N.J.S.A. 43:21-5(b). The term "misconduct" is not defined. However, the Department ... In addition, the term "severe misconduct" is not defined in N.J.S.A. 43:21-5(b). Instead, the statute provides a non-exclusive list of ... is not considered gross misconduct as defined in this section. [ N.J.S.A. 43:21-5(b).] In Silver , we noted that although the Department' ...

docket:	a5021-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-04
status:	unpublished
citation:
Document Size:	22394

70 /usr/local/share/www/libweb/collections/courts/appellate/a1196-13a1197-13.opn.html -- rank: 562

... of Review, which denied her application for unemployment benefits under N.J.S.A. 43:21-5(a) on the ground she left a job voluntarily without ... employment with each respondent. In both determinations, the Deputy applied N.J.S.A. 43:21-5(a) as it existed at that time, determined Goryn left ... was pending before the Division of Unemployment and Disability Insurance, N.J.S.A. 43:21-5(a) stated, in pertinent part: An individual shall be disqualified ... under this statute. While this matter was pending before us, N.J.S.A. 43:21-5(a) was amended, effective May 4, 2015. This statute now ... statute and, thus, is not disqualified from receiving benefits under N.J.S.A. 43:21-5(a). She left one housekeeping job on April 18, 2013 ... combined. Therefore, Goryn is not disqualified from receiving benefits under N.J.S.A. 43:21-5(a). We note the amendment to this statute is ...

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court:	NJ Superior Court Law/Chancery Division
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71 EMILY AROWOSAYE v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 562

... of unemployment benefits following her discharge for misconduct pursuant to N.J.S.A. 43:21-5(b). Appellant argues that she was "fired unjustly" and that ... her work, thereby disqualifying her from unemployment benefits pursuant to N.J.S.A. 43:21-5(b) for the period of November 15, 2009 through December ... factual determinations and the legal conclusion of the Board under N.J.S.A. 43:21-5(b). That statute provided at the time of this case ... immediately follow that week, as determined in each case. 1 [ N.J.S.A. 43:21-5(b).] Although N.J.S.A. 43:21-5(b) does not define misconduct, we have held that the ...

docket:	a6305-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-07
status:	unpublished
citation:
Document Size:	15937

72 ALEXANDRA M. SALAS v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 562

... to determine whether Salas's separation should be decided under N.J.S.A. 43:21-5(a) as a voluntary leaving of work or under N.J.S.A. 43:21-5(c) as a refusal of suitable work. Salas I, slip ... and for each week thereafter until the individual becomes reemployed . . . . ' N.J.S.A. 43:21-5(a). An individual who leaves a job due to a ... separation was the result of Salas's voluntary resignation under N.J.S.A. 43:21-5(a) rather than refusal of suitable work under N.J.S.A. 43:21-5(c). We next address the argument that Salas left work ...

docket:	a4981-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-13
status:	Unpublished
citation:
Document Size:	22906

73 CAROLINE MYLETT v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 562

... left work voluntarily without good cause attributable to such work.' N.J.S.A. 43:21-5(a). The phrase 'good cause attributable to such work' is ... 218; N.J.A.C. 12:17-9.1(c). N.J.S.A. 43:21-5(a) 'protects not only workers who are involuntarily unemployed—those ... job voluntarily without good cause attributable to the work under N.J.S.A. 43:21- - 5(a). Instead, it found that Procaccini's actions supported claimant ... claimant therefore was not disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(b) due to employee misconduct. Because no disqualifications applied, the ... work and was therefore disqualified from receiving unemployment benefits under N.J.S.A. 43:21-5(a).2 On appeal, claimant argues that the Board did ... benefits for employee misconduct related to violating company policy under N.J.S.A. 43:21-5(b). A-0324-17T4 9 More significantly, the Board ...

docket:	a0324-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-08
status:	Unpublished
citation:
Document Size:	19406

74 MERCEDES H. SALDANA-BAILEY v. BOARD OF REVIEW DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 560

... does not fairly support the agency's legal conclusion under N.J.S.A. 43:21-5(a) that appellant voluntarily quit her job with her employer ... to the work, rendering her ineligible for unemployment benefits under N.J.S.A. 43:21-5(a). The Appeal Tribunal did find that appellant could retain ... and requiring her to refund certain benefits, is based on N.J.S.A. 43:21-5(a). That statutory provision disentitles a claimant to benefits when ... without good cause attributable to the work. 'In applying section N.J.S.A.43:21-5(a), a court must 'differentiate between (1) a voluntary quit ... that an employee should not be disqualified from benefits under N.J.S.A. 43:21- 5(a) when he or she has left a job based ... leaving the company, entitling the employee to unemployment benefits under N.J.S.A. 43:21-5(a)); Doering, 203 N.J. Super at 248 (stating ...

docket:	a3793-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-08
status:	Unpublished
citation:
Document Size:	15615

75 ERIC E. BELL v. BOARD OF REVIEW and LABOR READY NORTHEAST, INC -- rank: 558

... and for each week thereafter until the individual becomes reemployed . . . .' N.J.S.A. 43:21- -5(a). A-1127-16T4 7 Pursuant to N.J.A ... the Division's acceptance of an ex parte 5 See N.J.S.A. 43:21-5(c)(2) (recognizing, under certain circumstances, an employee 'shall not ...

docket:	a1127-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-28
status:	Unpublished
citation:
Document Size:	18441