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Articles Posted in Unemployment Benefits

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Can I Collect Benefits Due to Corona Virus-Related Layoff or Business Closing?

Many businesses and schools have or will be closing due to the Corona-Virus.  While some New Jersey workers can still perform their job duties and responsibilities from home, others cannot and will be temporarily or permanently separated from their employment.  For those people who are separated from their employment for…

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What is “Misconduct” under New Jersey Unemployment Law?

On August 24, 2018, New Jersey has passed Bill A-3871, which amends N.J.S.A. 43:21-5 of the New Jersey Unemployment Insurance Law by eliminating the severe misconduct disqualification as well as other changes to New Jersey unemployment laws.  One of the key changes in the bill is revising the definition of…

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Appellate Division Remands Employee’s Unemployment Appeal Dismissed For Failing to Register For Appeal Tribunal Hearing

A New Jersey Appellate Division has reversed a Board of Review decision denying an employee the right to have an appeal hearing after failing to register and appear for the scheduled appeal hearing.  This decision stems from the Department of Labor, Unemployment Division, recent change in its procedures that now…

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Employee Eligible for Unemployment Benefits After Resigning Under the Threat of Imminent Termination

The New Jersey Appellate Division recently held that an employee, who quit her job in response to being told that she would be fired, can collect unemployment benefits. In the case Cottman v. Bd. of Review, Dkt. No. A-1908-16T2, 2018 N.J. Super. LEXIS 52 (App. Div. March 29, 2018), the…

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Misreading the Hearing Date Notice is Not Good Cause for Appeal of Unemployment Benefits

The Appellate Division has denied an individual from proceeding with her unemployment appeal as a result of failing to appear for the scheduled Appeal Hearing.  In the matter of Boone v. Board of Review, Department of Labor and Workforce Development, and LSA Ventures, LLC, Respondents- No. A-2286-16T3, decided April 9,…

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Know Your Rights: Collecting Unemployment Benefits When Having to Quit A Job Because Of A Medical Condition

Our New Jersey employment law office routinely receives inquiries from unemployed workers who are denied their claim for unemployment benefits after needing to leave their job as a result of a medical condition.  In some situations, the worker should be entitled to unemployment benefits, while in others, they should not…

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Employee Eligible For Unemployment Benefits For Weeks She Made Attempts To File Claim

The New Jersey Appellate Division recently found that a claimant should be eligible for unemployment benefits for weeks that she attempted to claim unemployment benefits but was unable to do so due to the Division of Unemployment and not due to any fault of her own. In the case of…

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Appellate Division: Employee Terminated for Refusing Flu Vaccination is Entitled to New Jersey Unemployment Benefits

The New Jersey Appellate Division has ruled that an employee is not disqualified from receiving unemployment benefits for refusing to submit to a flu vaccination policy for purely secular reasons. In the case of June G. Valent v. Board of Review, Department of Labor, the employee, Ms. Valent, was employed…

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Proposed Bill Limits New Jersey Employers’ Ability to Restrain Ex-Employees Based on Unemployment Benefits Eligibility

A new bill has been introduced to the New Jersey legislature that would invalidate any contract not to compete, not to disclose and/or not to solicit between employers and former employees if it is determined that the employee is eligible for unemployment benefits. The bill [A-3970] if passed, would not…

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Being Told of Likely Termination Is Not Considered Good Cause to Quit and Receive New Jersey Unemployment Benefits

The New Jersey Appellate Division recently affirmed the Board of Review’s decision denying claimant, Ms. Nzinga Jackson, New Jersey unemployment benefits, finding she left work voluntarily without good cause attributable to the work. In Ms. Jackson’s initial hearing, the Deputy Director found that Ms. Jackson’s resignation from her position because…

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