Carney v. Bd. of Review, DOCKET NO. A-5307-18T2

CourtSuperior Court of New Jersey
Writing for the CourtPER CURIAM
PartiesDORIS CARNEY, Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR, and STATE OF NEW JERSEY, Respondents.
Decision Date08 January 2021
Docket NumberDOCKET NO. A-5307-18T2

DORIS CARNEY, Appellant,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR,
and STATE OF NEW JERSEY, Respondents.

DOCKET NO. A-5307-18T2

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION

Submitted December 7, 2020
January 8, 2021


NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

Before Judges Messano and Suter.

On appeal from the Board of Review, Department of Labor, Docket No. 177,229.

Koller Law LLC, attorneys for appellant (David M. Koller, on the brief).

Gurbir S. Grewal, Attorney General, attorney for respondent Board of Review (Sookie Bae-Park, Assistant Attorney General, of counsel; Andy Jong, Deputy Attorney General, on the brief).

PER CURIAM

Page 2

Doris Carney appeals from the final decision of the Board of Review (the Board) that affirmed the decision of the Appeal Tribunal (the Tribunal), finding her ineligible for unemployment benefits because she left work voluntarily without good cause attributable to such work. See N.J.S.A. 43:21-5(a). We affirm.

Carney worked at the New Jersey Department of Children and Families (DCF) as a Family Service Specialist I from September 10, 2001 to December 31, 2018. In March 2019, Carney applied for unemployment benefits, and the Deputy of the Division of Unemployment Insurance (the Deputy) found her ineligible. She appealed, and a telephonic hearing occurred before the Tribunal on April 10, 2019.

Carney testified that she had difficulty working with her supervisor, claiming the supervisor delayed approving Carney's vacation, rolled her eyes, sent ten to fifteen emails to Carney every day, texted Carney after work hours, and complained about her work product. Carney said she was behind on her work between January through March because she helped another coworker, and, at her supervisor's request, Carney worked after normal work hours to catch up.

Page 3

Carney submitted a request to transfer to another unit four times, which DCF denied. In June 2018, Carney submitted her notice of retirement, effective December 31, 2018. She said that she thought "well maybe they'll move me and if they move [me, then] I can always take the retirement thing back." She later contradicted herself by stating that she did not know that she could rescind her retirement. In November 2018, DCF transferred Carney to another unit. Although aware of the transfer, Carney never rescinded her retirement.

DCF's manager of human resources testified that Carney was able to rescind her retirement for thirty days after the effective date, i.e., until January 30, 2019. Carney never contacted human resources about her retirement and never sought to rescind it. In addition, Carney never filed any complaints with the Office of Employee Relations or with the Office of Equal Opportunity and Affirmative Action about the alleged harassment by her supervisor. Although Carney claimed the work environment adversely affected her health, she did not take any medical leave.

Before the Tribunal, Carney attempted to rebut this evidence by arguing that she used her remaining compensation days before the retirement date, and so, was not in the office and had insufficient time to rescind her retirement.

Page 4

The Tribunal found although Carney "felt that the supervisor was bullying her[,]" she...

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