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New Jersey Unemployment Case Law
These cases are from the very excellent Rutgers University Law Library Server
Search only NJ case law:
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AC & C Dogs
They rent hot dog carts. The state wants them to pay unemployment tax on the people who rent the carts from them.
Alelov
She had trouble filing appeal in time because she does not speak nor read English. That's no excuse.
Auerbach
"There is no duty to remain employed at a lower rate of pay in a work environment that is hostile and degrading." says the court.
Bannan
The state paid him benefits for weeks when he was working full time at an interim job. Now the state wants the money back. He relied on the state to know what they were doing. It was their goof, not his. So now he doesn't want to pay it back. The court says he has to.
Begun
The Board mis-handled the hearing.
Boccia
Their offer of work was not suitable work, because she could not physically do that job.
Bonilla
A claimant may collect unemployment benefits where he quit for good cause, but he may not collect extended benefits under Workforce Developement if he quit for good cause.
Borowinski
A lawyer was told he either had to attend evening court or he would be fired. So he packed up and left. He does not collect.
Bose
She is a chemist with a college degree who was laid off. Now she wants to go to community college for a word processing computer course, while on extended unemployment. The state does not want to pay her, because she already has an education and a profession. The court says pay.
Brooks
It is not unusual for a claimant represented by an attorney to discover that his appeal has been filed too late.
Brooks
This newspaper delivery person is an employee, not an independent contractor, despite a signed agreement to the effect. Therefore, he is eligible for unemployment and the newspaper is on the hook for unemployment taxes.
Brown
When the company moved a hundred miles away, he worked from home. When they required him to come in once a week, he refused.
Cao
He had two part time jobs. One laid him off. A few days later, he stopped showing up at the other.
Carbonaro
She is not eligible for extended training benefits because not enough people were laid off at her work place.
Casciano
When he found out his company was cheating customers, he looked for work elsewhere. But his new employer laid him off ten days later. Now the state doesn't want to pay him Unemployment because he didn't work long enough at the second place to be qualified, and he quit from the first place voluntarily. The court says he had good reason to quit, so pay the man.
Cavileer
Two years later, the Department determined they had made an error when calculating his benefit, so now they want him to pay back what they overpaid him. He appeal, but his appeal is denied because it is nine days late.
Chanoux
She received two criticisms: one for not returning a call, the other for going over budget. So she quit.
Coco
A professor asserts that because he is not assured of a job next year unless enough students sign up for his class, therefore he should collect unemployment during the summer.
Costello
The Department goofed. They paid her two claims in a row. She was honest throughout. Yet now they want her to pay back what they gave her in error.
Cucci
She moved with her ailing mother to South Carolina, assuming she could resume work from there.
Daniels
She quit to relocate with her husband in North Carolina because she thought her job was joing to be abolished.
DeBartolomeis
He says he quit because of a bad back. But the hearings examiner would not let him show his doctors' notes.
DiPaquale
A mechanic injured his right arm, and was on disability for over a year. He had three surgeries, but finally the doctor told him go back to work, we can't fix it, don't lift over 15 pounds. The shop didn't want him for light duty. The state denied him Unemployment on a technicality. The court says pay him.
Dolgoff
A pharmacist did not disclose he had been arrested for drugs, because the employment application only asked whether he had been convicted of a felony. Technically correct, ethically wrong, ineligible for benefits.
Donato
Quit because a bright window gave him headaches.
Donlin
Hurt her back. Couldn't do the job. Conflicts with others at work. Quit.
Emery
The manager, who ordinarily worked six days, took a day off, arranging in advance for someone to replace her. This is not misconduct.
Fennell
A man was stuck in jail awaiting trial for NINE MONTHS, and couldn't afford to raise bail. Of course, he lost his job. Then the charges were dropped. Now the state won't pay him Unemployment because they say he voluntarily quit by getting himself jailed and not posting bail. The court agrees!
Fennimore
After an injury, he took leave. Once he was well enough to work, he didn't much of an effort to contact the employer.
Fernandez
His company sent a letter around saying they were downsizing. Employees could choose a severance package and bail out. He did. Now the state says that he can't collect Unemployment because by choosing the bail out plan he quit voluntarily. The court agrees.
Flores
He says he was laid off. The employer says he quit. In differences like this, the appeals examiner is the one who decides which version to believe.
Floyd
Quit because ever since her sister died, driving made her anxious.
Ford
This lawyer collected Unemployment for six months while he opened his own office, incorporated, hired help, bought equipment, opened 150 files, and earned nearly forty grand in fees. The state says he should pay the benefits back. The court agrees.
Garruto
She says she quit because the supervisor required her to do something illegal. The supervisor says she quit to avoid getting fired. In disputes like this, the unemployment hearing decides who to believe.
Garzon
She missed the deadline for appeal. The question is whether she had good cause.
Gilliland
He hurt his back on the job and was off in disability. At last, the doctor sent him back to work, but told him not to lift more than 30 pounds. The employer fiddled around month after month, but never came up with the light duty work. Now, when he went to apply for Unemployment, his base period had run out. The state didn't want to pay. The court says it's not his fault, so pay.
Gonzalez
Lost his job. Applied for unemployment. Thrown in prison. Continued to collect. Now they want him to pay back all he collected in the clink plus a fine.
Gonzalez
Gave 30 days notice for very good reasons. But during those 30 days, he was AWOL twice.
Goodman
The stress of work is not good cause for her to quit work.
Guzman
Not making enough in Jersey; quit to move to Georgia.
Habrial
Long after his hearing was held, the Board claimed his appeal was filed late.
Hadley
A school custodian can't stand the stink in the bathrooms. At first, he collected unemployment; but now, he has to repay what he collected.
Hancharik
A truck driver failed two drug tests.
Hardy
Reduced her hours. She declined a new assignment farther away, quit, enrolled in school. Not eligible. Has to pay back benefits she received.
Henderson
Because she accepted a buyout and severance, she is not eligible for unemployment.
Hewlitt
He quit his new state job because he didn't want to drive a state car, he wanted to start early and end early, and he wanted overtime, not comp time. The claims officer denied benefits. He appealed, and he was given benefits, after a short disqualification. He appealed the disqualification to the Board, and the Board agreed with the claims officer. Now he takes it to court. The court agrees with the Board.
Holster
She says the employer told her to take the week off for jury duty. They say she was AWOL.
Huron
He says he went home because of a bad tooth. They say he got mad and quit.
Hutchins
She took leave to care for her ailing parents. The question is whether she applied for her leave in good form.
Johansen
The Board already decided the employer was more credible. The court does not decide credibility.
Johns
Unable to renew her professional license. Can't work without it.
Johnson
Appealed too late. Missed the deadline.
Kassay
He was 62. He had heart surgery. Then they cut his hours, so that he would not qualify for health insurance.
Keels
We repeatedly see cases where a woman contends that job stress was a justifiable reason to quit. This is a hard case to make stick.
Kelly
He worked with two salesmen who were friends. One of these men took umbrage at a remark he made. After that, the two salemen began making life miserable for him, until he quit.
Koza
A band manager had to go to court twice to establish that the band members were independent contractors, not his employees.
Kupka
When he found a new employer and intended to start work there, his present employer told him they would enforce a non-compete clause in his contract. He may collect unemployment for the period during which that clause prevents him from beginning his new job for the competitor.
Logan
Compare this with President Clinton's attempt to extend Unemployment nationally to anyone starting a business.
Masterson
A waitress did not report her tips to her employer, though she did pay taxes on them to the IRS. That's why the restaurant never paid Unemployment taxes on her tips. Therefore, her Unemployment benefits will not be based upon all her wages and tips, but only on her wages.
Matyskiel
They told her she had to work the weekend. She already had other plans.
Mazzacoli
They say she quit. She says her offer to quit was not accepted.
McCoy
She decided to better her education. Her new school hours reduced the hours she was available for assignments. Therefore, she applied for partial unemployment.
McKenzie
The job stressed her out.
Mecca
Conflicts with colleagues.
Micelli
A teacher's assistant did not get along with the teacher. They transferred her to another room. She didn't like it there either. She resigned.
Moll
Quit when she couldn't get a raise.
Mullarney
A depressed hospital worker stole drugs out of the trash can, boiled them down, and injected them, trying to kill himself. He wound up in a mental ward and had his hospital license suspended. Now, they want him to repay ten grand he collected in unemployment.
Murray
She was routinely late; not just every morning, but after lunch as well.
Murray
Says she quit because of the employer's unethical practices. But the employer and a colleague both refute this.
Nelson
A school social worker quit because he did not like the program.
Nunez
He quit because a friend told him he needed a CDL to drive the company truck. He does not.
Orzel
He thought he could work part-time and not report his earnings while collecting unemployment. He misunderstood. He will have to pay back the benefits, but will not have to pay a fine.
Paone
The president of a corporation was convicted of not paying a hundred seven grand in Unemployment taxes. They'll let him off easy if he pays the money. He says he shouldn't have to pay, because it was a corporation. The court says work out a payment plan.
Pagan
She got a restraining order and all the rest, but her abusive husband kept bugging her. Finally, she quit her job and moved away. Now the state won't pay her Unemployment because she quit voluntarily. The court agrees.
Palmblad
He missed the deadline for appeal.
Patel
After 9/11, Congress voted extended unemployment benefits to airline employees who lost their jobs as a result. But the Feds also nationalized airport security; and those displaced workers are not covered.
Poch
She received two claim notices: One said she was qualified to collect, the other said she was disqualified.
Poline
He applied for extended benefits two days after the program came to an end.
Powell
Quit to be a minister in Japan. When he returned, his job had been filled.
Powers
She complained to the employer that colleagues were harassing her. They transferred her to another department. Then she quit.
Prosinski
Took an early retirement plan.
Quintieri
Resigned. Took two months off. Applied to get his job back. Was not rehired.
Rafferty
Had to quit because of health. Cannot collect disability and unemployment at the same time.
Rocco
Did not appeal before the deadline because she did not read the notice.
Rohback
A truck driver believed he would be unable to pass the required DOT examination due to his vision, hearing, diabetes and heart problems. So he quit.
Rost
Did not earn enough money during the base period to qualify for unemployment.
Rudbart
A salesman owned 25% stock in the company. The company failed. The state agency does not want to pay him unemployment because they say he is an officer of the corporation.
Sandor
A one-armed janitor cannot use the shampooing machine, so he quit. The Board says he never showed medical evidence that he can't use the machine. He says that's obvious.
Santiago
Says he quit because he did not receive an annual review.
Schomberg
He call work the night before to say he'd be late because he had to take his children to a school placement test. They fired him.
Shuster
The employer told her she had better start looking for another job. So she quit.
Simonelli
Laid off on the fifth. Did not apply for benefits until the 16th. Therefore cannot collect for the period after he was laid off but before he applied.
Smith
Falsified a time sheet.
Smith
Trucking company policy is to fire drivers who get in an accident within their first ninety days.
Stankiewicz
She says she was fired. The employer says she quit. In differences like this, the appeals examiner is the one who decides which version to believe.
Stewart
Extended benefits are not available to those who have been permanently terminated from their position, but only to those whose positions have been permanently terminated.
Straube
She quit because the boss chewed her out in front of others.
Thompson
The department denied her unemployment but went ahead and mailed her checks anyway. Now they require her to pay back what they gave her.
Tobias
Quit because the job stressed her out.
Tricario
The employer missed the deadline for appeal. They say they had good reasons, but don't give any.
Van Sickle
Jersey privatized some of its Motor Vehicle Agencies. Van Sickle ran such an agency. Then the state pulled his contract. He and his employees are independent contractors, and so cannot collect.
Walker
The law firm for which she works has two offices an hour apart. They want to transfer her from one to the other, then back. She refuses.
Wiggins
Hurt her knee off the job. No light duty available. Not qualified for unemployment.
Wilcox
The court needs facts to work with.
Wilson
She quit because the job stressed her out.
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