In McClain v Board of Review, Patricia McClain had been a teacher at the Learning Edge Academy, in Galloway Township. On Oct. 12, 2015, she accepted an offer to teach at another school, in Egg Harbor, to start within seven days after she left her former employer. Unfortunately, a day after McClain quit her job at the Learning Edge, her job offer at Kids Choice was rescinded. As it turned out, the teacher she was supposed to replace, returned to the school, thus eliminating the need for the new position, and a new job for Ms. McClain.
Ms. McClain, now finding herself unemployed, applied for unemployment benefits, for which she was denied by the State Department of Labor’s Board of Review.
In August 2017, the Appellate Division reversed and granted Ms. McClain her unemployment benefits ruling that the worker doesn’t lose out on benefits if, for a reason not of his or her own doing, finds that the second job disappears, or is no longer available. This ruling is a result of an amendment to the unemployment compensation statute, which makes Ms. McClain eligible for unemployment benefits if the new job starts within a seven-day period after the previous one ends. This ruling was totally opposite to an earlier appeals court ruling that denied benefits to a petitioner in similar circumstances.