Search Rutgers Law Library N.J. Court Opinions

1 Lourdes Medical Center of Burlington County v. Board of Review -- rank: 1000

... hospital procedures. The appeals examiner looked to the governing statute N.J.S.A. 43:21-5(d), and regulation, N.J.A.C. 12:17-12 ... determine whether Lourdes suffered a “stoppage of work.” N.J.S.A. 43:21-5(d) provides that an individual is disqualified from receiving unemployment ... J.A.C. 12:17-12.2(a)(2) or N.J.S.A. 43:21-5(d). The examiner, rejecting Lourdes’ argument that the regulation � ... suffer a “stoppage of work” within the intendment of N.J.S.A. 43:21-5(d). Accordingly, the striking nurses qualify for unemployment benefits. 1 ... weight of authority in this country construing provisions similar to N.J.S.A. 43:21-5(d). Ultimately, the dissenting member of the Court would substitute ... legislative policies; and when applying the legislative policy expressed in N.J.S.A. 43:21-5(d), whether the Board’s finding is not supported ...

docket:	a-70-07
court:
decided:	2009-01-27
status:
citation:	197 N.J. 325
Document Size:	161427

2 Patricia J. McClain v. Board of Review, Department of Labor -- rank: 945

... without just cause, however, is not entitled to such benefits. N.J.S.A. 43:21-5(a). The Legislature recognized the inequity facing those employees who ... that problem, the Legislature in 2015 passed an amendment to N.J.S.A. 43:21-5(a), which ensured that an employee who was qualified for ... of her own, is entitled to UI benefits pursuant to N.J.S.A. 43:21-5(a). McClain and Blake both filed for unemployment insurance benefits ... leaving their former employer, thus disqualifying them for benefits under N.J.S.A. 43:21- 5(a). The Board of Review affirmed the Appeal Tribunal in ... 65 (App. Div. 2017). The panel’s plain reading of N.J.S.A. 43:21-5(a) led it to conclude that so long as the ... N.J. 296 (2018). HELD: Based on its interpretation of N.J.S.A. 43:21-5(a), the Court concludes that McClain and Blake are ...

docket:	a-52-65-17
court:	NJ Supreme Court
decided:	2019-04-29
status:
citation:
Document Size:	54638

3 L.C. v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 784

... J.A.D. In this unemployment insurance appeal, we construe N.J.S.A. 43:21-5(j), which allows a person to receive unemployment insurance benefits ... ex-spouse. L. 1961, c. 43, §3, codified at N.J.S.A. 43:21-5(a). Personal reasons for quitting unrelated to work, regardless of ... L. 1999, c. 391, § 1 (1999 Law), codified at N.J.S.A. 43:21-5(j). L.C. argues that the Board of Review (Board ... of P.L.1991, c.261 ( C.2C:25-19 )." N.J.S.A. 43:21-5(j). Employers' accounts are unaffected. Ibid. The statute identifies six ... work voluntarily, without good cause attributable to the work, citing N.J.S.A. 43:21-5(a) and N.J.A.C. 12:17-9.1 ... assisted the individual in dealing with the domestic violence" under N.J.S.A. 43:21-5(j)(6). Although neither the Tribunal nor the Board ...

docket:	a5997-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-16
status:	published
citation:	439 N.J.Super. 581 110 A.3d 949
Document Size:	70651

4 Clarence Haley v. Board of Review -- rank: 784

... is “disqualified for benefits” until certain conditions are met. N.J.S.A. 43:21-5(a). N.J.A.C. 12:17-9.1(e ... is “disqualified for benefits” until certain conditions are met. N.J.S.A. 43:21-5(a). And, under the regulations promulgated pursuant to the UCL ... those who leave work after being subjected to domestic violence, N.J.S.A. 43:21-5(j), and those who leave work to travel with a ... In this appeal, we review the Department’s interpretation of N.J.S.A. 43:21-5(a) and N.J.A.C. 12:17-9.1 ... unemployment.”). B. We begin by examining the language of N.J.S.A. 43:21-5(a) and N.J.A.C. 12:17-9.1(e). First, N.J.S.A. 43:21-5(a) states “[a]n individual shall be disqualified ...

docket:	a-71-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	51256

5 JENNIFER ISRAEL v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 766

... work voluntarily without good cause attributable to the work. See N.J.S.A. 43:21-5(a) (providing that a person is not qualified to receive ... 6(b)(1), but concluding that no disqualification arose under N.J.S.A. 43:21-5(c) because the work offered to Israel 'was not suitable ... and agreed with the Tribunal that no disqualification arose under N.J.S.A. 43:21-5(c) as Israel 'did not refuse an offer of suitable ... without good cause attributable to such work in accordance with N.J.S.A. 43:21-5(a).' The Board explained: While we understand that the reduced ... of the appeal and concluded that no disqualification arose under N.J.S.A. 43:21-5(c) because 'the work was not suitable and [Israel] had ... reversed the Tribunal's decision that no disqualification arose under N.J.S.A. 43:21- -5(c). After adopting the Tribunal's findings of fact, ...

docket:	a2768-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-22
status:	Unpublished
citation:
Document Size:	27556

6 MORGAN N. FARREN v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 764

... The Appeal Tribunal determined claimant was disqualified for benefits under N.J.S.A. 43:21-5 because her 'reasons for leaving the work' – her relocation ... in Haley v. Board of Review found is required under N.J.S.A. 43:21-5(a) and N.J.A.C. 12:17-9.1 ... Board erred by finding she is disqualified from benefits under N.J.S.A. 43:21-5(a). In Haley, the Court interpreted N.J.S.A. 43:21-5(a)'s disqualification- from-unemployment-benefits requirement for individuals who ... work voluntarily without good cause attributable to such work under N.J.S.A. 43:21-5(a) requires a fact-sensitive determination as to whether the ... The Court in Haley also noted its prior decisions interpreting N.J.S.A. 43:21-5(a) and N.J.A.C. 12:17-9. ...

docket:	a2059-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	26772

7 PATRICIA J. MCCLAIN v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 757

... first employer." L. 2015, c. 41, § 1, codified at N.J.S.A. 43:21-5(a). Appellant left her first employer after accepting new employment ... start the new employment to be exempt from disqualification under N.J.S.A. 43:21-5(a). I. Appellant Patricia J. McClain began working as a ... a claimant is disqualified from receiving unemployment compensation benefits under N.J.S.A. 43:21-5(a) where the claimant "has left work voluntarily without good ... hours or pay of the employment of the first employer. [ N.J.S.A. 43:21-5(a).] The Appeal Tribunal determined McClain was not covered by ... Tribunal therefore found McClain was disqualified from receiving benefits under N.J.S.A. 43:21-5(a). McClain appealed to the Board of Review. On April ... receiving benefits requires that we interpret a 2015 amendment to N.J.S.A. 43:21-5(a). Prior to the amendment, the statute provided that ...

docket:	a4319-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-29
status:	published
citation:	451 N.J.Super. 461 168 A.3d 1214
Document Size:	44375

8 John M. Utley v. Board of Review, Department of Labor -- rank: 748

... testimony disputing Utley’s account. The appeals examiner, relying on N.J.S.A. 43:21-5(a), held that Utley’s “leaving work due to ... attributable to their work are also subject to benefits under N.J.S.A . 43:21-5(a). (Pp. 10-13) 2. When “commuting problems” arise ... work rather than the employee. Utley satisfied his burden under N.J.S.A . 43:21-5(a) and N.J.A.C . 12:17-9.1 ... “voluntarily without good cause attributable to [his] work.” N.J.S.A. 43:21-5(a). The Appellate Division affirmed. We now reverse and hold ... or provide testimony disputing Utley’s account. Thereafter, relying on N.J.S.A. 43:21-5(a), the appeals examiner rendered a decision –- with virtually ... the purpose animating our unemployment compensation law, the language of N.J.S.A. 43:21-5(a), the case law interpreting that statute, and the ...

docket:	a-126-06
court:
decided:	2008-05-15
status:
citation:	194 N.J. 534
Document Size:	83792

9 /usr/local/share/www/libweb/collections/courts/appellate/a2764-17.opn.html -- rank: 745

... the Tribunal), which affirmed the deputy’s determination based on N.J.S.A. 43:21-5(a). In its findings of fact, the Tribunal found 'the ... left work voluntarily without good cause attributable to such work.' N.J.S.A. 43:21-5(a). Thus, the threshold question under N.J.S.A. 43:21-5(a) is whether an applicant for unemployment compensation benefits left ... that separation was for 'good cause attributable to [the] work.' N.J.S.A. 43:21-5(a); Utley v. Bd. of Review, 194 N.J. 534 ... and thus concluded he was not disqualified for benefits under N.J.S.A. 43:21-5(a). Ibid. Both the record and the decision of the ... work voluntarily and should not be disqualified for benefits under N.J.S.A. 43:21-5(a). The fact that claimant was fired is clearer ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	24943

10 /usr/local/share/www/libweb/collections/courts/appellate/a2940-15.opn.html -- rank: 739

... Bd. of Review , 114 N.J. 371 , 374 (1989) (quoting N.J.S.A. 43:21-5(a)). "Accordingly, benefits are available to a worker who voluntarily ... Bd. of Review , 194 N.J. 534 , 544 (2008) (quoting N.J.S.A. 43:21-5(a)). A worker who leaves "for personal reasons, however compelling ... has earned . . . at least ten times [her] weekly benefit rate." N.J.S.A. 43:21-5(a). The current disqualification period represents an extension, from four ... appeal requires us to construe the following language added to N.J.S.A. 43:21-5(a) in 2015, which provides the disqualification shall not apply ... the seven-day period will commence from the specified date . [ N.J.S.A. 43:21-5(a), as amended by L. 2015, c. 41 § 1 ... left work voluntarily without good cause attributable to the work. N.J.S.A. 43:21-5(a). 1 The Tribunal affirmed the Deputy's decision, ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	452 N.J.Super. 7 170 A.3d 960
Document Size:	29901

11 JOHN A. RUSSELL v. BOARD OF REVIEW -- rank: 711

... disqualified him from future benefits for one year, pursuant to N.J.S.A. 43:21-5(g)(1); and imposed a fine of $1680, equal to ... of one year from 12/24/10 as provided by N.J.S.A. 43:21-5(g)(1). The Board of Review later affirmed based on ... may also be disqualified from receiving benefits for one year. N.J.S.A. 43:21-5(g)(1). The issue we must resolve is whether the ... chapter, as the result of any false or fraudulent representation . . . . [ N.J.S.A. 43:21-5(g)(1).] Thus, to disqualify an employee under N.J.S.A. 43:21-5(g)(1), the Division must prove (1) illegal receipt of ... L. 1984, c. 24, § 3 (codified as amended at N.J.S.A. 43:21-5(g)(1)) (adding the "attempted receipt of benefits" language). ...

docket:	a3595-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-26
status:	unpublished
citation:
Document Size:	44282

12 JOAN I. SILVER v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 697

... The Legislature added the term by a 2010 amendment to N.J.S.A. 43:21-5(b). Appellant Joan I. Silver appeals from a final decision ... Appeal Tribunal determination that she was disqualified for benefits under N.J.S.A. 43:21-5(b) because her discharge from employment was for severe misconduct ... discharged for "misconduct" or "gross misconduct" connected with the work. N.J.S.A. 43:21-5(b); see L. 1936, c. 270, § 5. The statute ... misconduct, but contains a non-exclusive list of examples. See N.J.S.A. 43:21-5(b). In 1956, our Supreme Court held that employees were ... passage and citing Beaunit Mills , we stated: "Thus, disqualification under N.J.S.A. 43:21-5(b) is warranted only when the employee's conduct that ... workers who file unemployment insurance claims). The 2010 amendment to N.J.S.A. 43:21-5(b) added a new severe misconduct provision, placed between ...

docket:	a1750-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-21
status:	published
citation:	430 N.J.Super. 44 61 A.3d 958
Document Size:	45269

13 ELIZABETH CHANDO v. BOARD OF REVIEW, DEPARTMENT OF LABOR -- rank: 693

... Review disqualifying her from receipt of unemployment benefits pursuant to N.J.S.A. 43:21-5(a), on the ground she left her employment without good ... her voluntary resignation from Spring Oak, the 2015 amendment to N.J.S.A. 43:21-5(a), permitting a claimant to avoid disqualification if she commences ... disqualification for this reason is contrary to the intent of . . . N.J.S.A. 43:21-5(a). Chando appeals. Acknowledging the recent split between two panels of this court in interpreting the 2015 amendment to N.J.S.A. 43:21-5(a), she urges us to follow McClain v. Board of ... work voluntarily without good cause attributable to such work' under N.J.S.A. 43:21-5. Taking Chando's points in inverse order, we have no ... the seven-day period will commence from the specified date. [ N.J.S.A. 43:21-5(a), as amended by L. 2015, c. 41, § ...

docket:	a0225-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-12
status:	published
citation:
Document Size:	41427

14 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 681

... as defined by the Legislature in a 2010 amendment to N.J.S.A. 43:21-5(b), or the most extreme category of 'gross misconduct' defined ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

15 MARGO S. ARDAN v. BOARD OF REVIEW LOURDES MEDICAL CENTER OF BURLINGTON COUNTY, INC. -- rank: 668

... Tribunal that Ardan was disqualified from receiving benefits pursuant to N.J.S.A. 43:21-5(a) because she left her employment at respondent Lourdes Medical ... cause to leave her employment with Lourdes; an amendment to N.J.S.A. 43:21-5(a), which should be applied retroactively, permitted her to leave ... for employment with Alliance and was disqualified for benefits under N.J.S.A. 43:21-5(a) as of November 4, 2012, because she left work ... Appeal Tribunal concluded that Ardan was disqualified for benefits under N.J.S.A. 43:21-5(a) and N.J.A.C. 12:17-9.1 ... the individual becomes reemployed and works eight weeks in employment[.] [ N.J.S.A. 43:21-5(a).] An employee who has left work voluntarily bears the ... for good, but personal, reasons is subject to disqualification under N.J.S.A. 43:21-5(a). Morgan v. Bd. of Review , 77 N.J. ...

docket:	a5826-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-25
status:	published
citation:	444 N.J.Super. 576 134 A.3d 1018
Document Size:	32673