Articles Posted in Unemployment Benefits

The New Jersey Appellate Division recently affirmed the Board of Review’s decision denying claimant, Ms. Samantha Monday, from receiving unemployment benefits because she left her employment voluntarily without good cause attributable to the work. Ms. Monday was denied unemployment benefits in the initial hearing. However, on appeal, the Deputy determined that being paid less than the national average rate of pay for similar work constituted cause attributable to the work and awarded unemployment benefits. The employer appealed the Deputy’s award of benefits and the Appeal Tribunal concluded that the employer’s failure to give Ms. Monday a raise immediately upon her request, absent a contractual obligation, did not support a claim for unemployment benefits for voluntarily leaving employment with good cause attributable to the work. The Board of Review and the Appellate Division subsequently affirmed that determination.

In the case, Monday v. Board of Review, Ms. Monday began her employment with Mohn’s Florist as a floral designer from May 2004 through May 2009. Ms. Monday also became the shop’s retail manager during the course of her employment. Ms. Monday claimed that she left her job because she needed to make at least $22 per hour and spoke with the owners at least five times regarding her dissatisfaction with her rate of pay. Ms. Monday demanded a raise from Ms. Cochrane, co-owner of Mohn’s Florist on the day she left her employment. Ms. Cochrane informed Ms. Monday she would have to consult with her husband (the other owner of Mohn’s Florist) over the weekend. When Ms. Monday did not receive an immediate response, she cleared her belongings and left.

In support of her claim that she was entitled to unemployment benefits, Ms. Monday asserted that she was assured she would receive an increase in pay and knew that she was underpaid because of “some averages” she found online and knowledge of the wages of other floral designers she knew personally. Mohn’s Florist disputed Ms. Monday’s allegations claiming Ms. Monday would have received the average pay for the Edison, NJ area, which at the time was $15.35 per hour. Additionally, Mohn’s Florist stated that Ms. Monday was given raises and bonuses in May of each year, and occasionally, also in December, dependent upon business performance. The Appellate Division found that because Mohn’s Florist only asked for the weekend before responding to Ms. Monday’s request for a raise, Ms. Monday in fact left her employment without good cause attributable to the work and was not entitled to unemployment benefits.

The New Jersey Appellate Division recently vacated a decision rendered by the Board of Review disqualifying the claimant from receiving New Jersey unemployment benefits. The Appellate Division directed that further proceedings concerning the claimant’s eligibility for unemployment benefits be conducted in order to determine the relationship between the claimant and the deceased man that the claimant claimed to be his biological grandfather. In addition, the Appellate Division found it necessary to further develop facts surrounding the employer’s policy on documentation of absences.

The Board of Review had previously found the claimant disqualified for New Jersey unemployment benefits when claimant’s attendance of his grandfather’s funeral caused him to exceed employer’s attendance point program resulting in his termination. The Appellate Division found that the ambiguous nature of the evidence presented as to claimant’s familial relationship to the deceased and the employer’s policy on documentation of absences made it impossible to reach a final decision without further proceedings.

In this matter, Regis v. Board of Review, the claimant, Mr. Cleveland M. Regis, worked as a shipping clerk for five years. In November 2010, Mr. Regis requested leave to attend a funeral with his mother. Mr. Regis claimed that the decedent was his grandfather and was asked by his employer to provide the obituary upon his return. At the time his leave was approved, Mr. Regis was within the ten points permitted in his employer’s attendance point program. Upon Mr. Regis’ return to work, his employer requested additional written documentation from Mr. Regis because neither Mr. Regis nor his mother were mentioned anywhere in the obituary. Mr. Regis explained to his employer that he was left out of the obituary purposely by a disgruntled aunt, no other documentary evidence existed and that he “did not want to put his family business out there.” In lieu of the requested additional written documents that Mr. Regis claimed did not exist, Mr. Regis provided his employer with names and telephone numbers of family members who could confirm his familial relationship to the decedent. There was no evidence on the record that the employer contacted these individuals before the employer terminated Mr. Regis for exceeding the ten points allowed in the attendance point program. Mr. Regis’ only exceeded the allotted points because his employer retracted his approval of the leave requested to attend the funeral.

The New Jersey Appellate Division recently reversed a decision of the Appeal Tribunal and Board of Review finding the claimant was not liable to refund improperly paid unemployment benefits in the amount $24,676. The Appeal Tribunal and Board of Review previously found that the claimant’s receipt of unemployment benefits were invalid because New Jersey unemployment benefits law prohibits the claimant from included his elected position in the base period to determine his eligibility for benefits. The Court disagreed that based upon non-fraudulent nature of the overpayment of the unemployment benefits, the claimant should not be required to repay the unemployment benefits he collected in the amount of $24,676.

In Eckensberger v. Board of Review, the claimant Mr. Dale Eckensberger, Sr. worked as an elected paid fire commissioner in the Township of Woodbridge (Woodbridge) from March 2005 through March 2008. Mr. Eckensberger simultaneously worked as a janitor at Iseling Chemical Hook & Ladder Co. until February 2008. On May 11, 2008, Mr. Eckensberger filed for unemployment compensation benefits, was found eligible for benefits without disqualification and received such benefits from May 17, 2008 to March 20, 2010. Mr. Eckensberger established a regular base year for his benefits from January 1, 2007 through December 31, 2007, taking into account both his work as a Woodbridge fire commissioner and as a janitor for Iseling Chemical Hook & Ladder Co. However, during that one-year period, he only worked for Iseling eight weeks and earned a total of $3374. On September 22, 2009, Mr. Eckensberger filed for Social Security disability benefits and was deemed disabled on August 1, 2009, eligible to receive disability benefits starting January 2010.

Woodbridge appealed the Board’s decision as to Mr. Eckensberger’s unemployment benefits on November 21, 2009. The Appeal Tribunal found that under New Jersey’s Unemployment Compensation Law (N.J.S.A. 43: 21-1 to 24.30), a claimant’s employment as an elected official could not be considered in a determination for unemployment benefits. On October 27, 2010, Mr. Eckensberger’s unemployment claim was deemed invalid because his position as an elected Woodbridge fire commissioner had been considered in the determination. The Director of the Division of Unemployment Compensation issued a request for refund in the amount of $24,676.

The New Jersey Appellate Division recently affirmed a Board of Review decision disqualifying a claimant from receiving New Jersey unemployment benefits finding that the claimant voluntarily left her employment without good cause attributable to the work.

In the matter Damaris Medina v. Board of Review Department of Labor and the City of Camden, the claimant was denied New Jersey unemployment benefits as a result of quitting her job because her employer would not accommodate her request to change her work hours so she could drive her children to school and still get to work on time. Ms. Medina was employed in the position of a clerk from August 12, 2002 through March 3, 2010 with the City of Camden. For the approximately the first six years of her employment, Ms. Medina’s shift began at 8:30 a.m. In June, 2008, the City of Camden changed her start time to 9:00 a.m. In June, 2009, Ms. Medina requested that she return to a shift be changed to 9:00 a.m. because the earliest that she could drop her kids to school was 8:15 a.m. and this did not give her enough time to get to work at 8:30 a.m.

The City of Camden denied Ms. Medina’s request and began disciplining her for arriving at work a half-hour late each day. Eventually, Ms. Medina retained a New Jersey employment lawyer to represent her in the employment dispute. Ms. Medina’s attorney met with representatives of the City of Camden, which resulted in Ms. Medina and the City of Camden entering into a settlement agreement. The terms of settlement agreement included that Ms. Medina would be involuntarily separated from her employment effective March 3, 2010 and the City of Camden would not contest her unemployment benefits application and that the City of Camden would cooperate with her in connection with unemployment benefits application.

The New Jersey Appellate Division recently held that a claimant who was terminated because she was unable to work for a period of less than two weeks due to being incarcerated on criminal charges is not eligible to receive New Jersey unemployment benefits.

In the matter of Crystal Mandall v. Board of Review Department of Labor, NJ Team Dental Center, PA, the claimant was employed as a dental assistant with New Jersey Team Dental Center of Old Bridge, New Jersey, from November, 2007 until her termination in April, 2010. On April 20, 2010, Ms. Mandall was arrested on several criminal charges that caused her to become incarcerated until May 1, 2010.

While in jail, Ms. Mandall kept in touch with her employer and promised them that she would return to work as soon as she was released from jail. When she was released from jail on May 1, 2010, Ms. Mandall sent a text message to her employer advising them of her release and that she would return to work on the next work day. In response to the text message, NJ Team Dental Center advised Ms. Mandall that her position had been filled as a result of her being unable to come to work for almost two weeks.

The New Jersey Appellate Division recently affirmed a Board of Review decision disqualifying a claimant from receiving New Jersey unemployment benefits for voluntarily quitting her job without good cause attributable to the work.

In the matter of Lydia Oladimeji v. Board of Review, New Jersey Department of Labor and ARC of Middlesex, the claimant, Ms. Oladimeji, was employed as a program specialist for the Association of Retarded Citizens (“ARC”) of Middlesex County. On January 8, 2010, Ms. Oladimeji requested a job transfer to a group home position so that she could attend nursing school during the day. After requesting the job transfer, Ms. Oladimeji testified that she did not receive any definitive response regarding whether the transfer had been denied or approved. Ms. Oladimeji further testified that she was told that to write a letter advising that she would no longer be available for work as of January 25, 2010 for personal reasons. ARC received the letter and accepted it as a letter of resignation. ARC testified that they advised Ms. Oladimeji that her request for a transfer would take time and that she would have to have an interview in order to be transferred to a new position. ARC disputed Ms. Oladimeji’s testimony that she was told by her employer to resign from her employment.

In its decision to disqualify Ms. Oladimeji from receiving New Jersey unemployment benefits, the Appeal Tribunal concluded that Ms. Oladimeji did not begin the process early enough for a job opening to occur and that the claimant could have preserved her job by delaying her enrollment into nursing school for a later session after a job transfer became available. The Appeal Tribunal noted that N.J.S.A. 43:21-5 disqualifies a claimant from receiving New Jersey unemployment benefits if he or she leaves work in order to further their education or prepare themselves for another type of work. Based upon their findings of fact and its application of New Jersey unemployment benefits law, the Appeal Tribunal held that Ms. Oladimeji left work voluntarily without good cause attributable to the work. The Board of Review upheld the Appeal Tribunal’s decision.

The New Jersey Appellate Division recently affirmed a decision of the Appeal Tribunal and the Board of Review denying a claimant from receiving New Jersey emergency unemployment compensation under the Emergency Unemployment Compensation Act of 2008, 26 U.S.C.A. 3304 because the claimant collected unemployment benefits from New York for the same time period. As a result, the claimant was ordered to refund a total of $15,300 in New Jersey unemployment benefit payments that she received for the period of time that she was also collecting New York unemployment benefits.

In the unpublished decision of Marasco v. Board of Review Department of Labor and AT&T Wireless, the claimant, Kimberly Ann Marasco, was employed in several different positions in New Jersey and New York from the period 2006 to 2008. The employment positions included working for Spherion Professional Services in New Jersey, AT&T in Morristown, New Jersey and Tact Medical Staffing in New York City. After being laid off from working at Tact Medical Staffing for approximately one month, Ms. Marasco filed for New Jersey unemployment benefits on February 1, 2009. After her New Jersey unemployment benefits had exhausted by in July, 2009, Ms. Marasco then applied and became eligible to receive emergency unemployment compensation under the Emergency Unemployment Compensation Act of 2008. Ms. Marasco exhausted the maximum emergency unemployment compensation she could receive in January 23, 2010, which totaled $15,300.

Thereafter, it was determined by the New Jersey Division of Unemployment and Disability Insurance that Ms. Marasco was entitled to receive regular unemployment benefits from the State of New York and informed the New York unemployment benefit authorities to back date the regular payments to July 20, 2009. As a result, Ms. Marasco collected benefits from New York for the same time period that she had also been collecting emergency unemployment compensation from New Jersey.

The New Jersey Appellate Division recently affirmed an Appeal Tribunal and Board of Review decision that the claimant was disqualified for unemployment benefits for failing to actively see work as required by N.J.S.A. 43:21-4(c)(1).

In affirming the decision of the Appeal Tribunal, the Appellate Division noted that New Jersey unemployment benefits law places the burden of proof on the claimant to establish that they have met the eligibility requirements to receive unemployment benefits. The Appellate Division stated that:

Generally, a claimant is eligible to receive benefits if he or she is able to work, and is available to work, and has demonstrated to be actively seeking work. To qualify for benefits, a claimant must make more than minimal efforts to find employment. A claimant must make a sincere effort to obtain employment either in his usual type of work or in such other suitable work as he may be able to do.