Pagan v. Board of Review
| Court | New Jersey Superior Court – Appellate Division |
| Writing for the Court | LOFTUS |
| Citation | 687 A.2d 328,296 N.J.Super. 539 |
| Parties | Yvette J. PAGAN, Claimant-Appellant, v. BOARD OF REVIEW, Respondent. |
| Decision Date | 22 January 1997 |
Page 539
v.
BOARD OF REVIEW, Respondent.
Appellate Division.
Decided Jan. 22, 1997.
Dawn K. Miller, Edison, for claimant-appellant (Legal Services of New Jersey, Inc., attorney; Ms. Miller and Melville D. Miller, Jr., on the brief).
Ellen A. Reichart, Trenton, for respondent Board of Review (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel; Lewis A. Scheindlin, Deputy Attorney General, on the brief).
Before Judges KING, KEEFE and LOFTUS.
The opinion of the court was delivered by
LOFTUS, J.A.D.
Yvette Pagan (Pagan), claimant, appeals from a decision of the Board of Review (Board) which affirmed a determination of the Appeal Tribunal which concluded she was disqualified from receiving unemployment benefits because she left work "voluntarily without good cause attributable to such work" contrary to N.J.S.A. 43:21-5(a). On this appeal, Pagan contends that the Board erred when it concluded that domestic violence which followed Pagan to her job did not constitute good cause for voluntarily leaving work. We conclude that there is no merit to this contention. We affirm.
Pagan was employed as a legal secretary for the Hackensack law firm of Breslin & Breslin, P.A. According to her she loved her job, enjoyed working with the employees and did not want to leave. The law firm also was satisfied with her work. One attorney said that her work was exceptional and her immediate supervisor stated that she was punctual, approached work with enthusiasm and energy, and exhibited ambition and willingness to meet new challenges. She was described as having a pleasant, outgoing, and supportive personality.
Page 541
Unfortunately Pagan was the victim of constant abuse and harassment by her husband,[687 A.2d 329] Charlie Pagan. The harassment affected her ability to concentrate on the job and perform her duties. She sought family counseling at Family Services of Bergen County and other agencies. However, the abuse continued to escalate and culminated in an incident at home on August 8, 1994, which caused her to seek and obtain a restraining order against her husband. According to Pagan, he physically assaulted her, screamed at her, cursed her, pushed her, hit her, shook her by the arms and threatened to kill her. The temporary restraining order prohibited him from having any contact or communication with her or any members of her family, barred him from her place of employment, and granted her exclusive possession of their residence. The harassment and abuse continued. She filed a criminal complaint. On August 15, 1994, she obtained a final restraining order.
Pagan's domestic problems had an impact upon her work. She went to work the day after the August 8 incident but was distraught and feared for her life. Two days later, her husband called her constantly at work. Pagan concluded that she had no other choice but to leave the job and relocate to California near her family for protection. She explained to the office manager and Mr. Fitzpatrick, the attorney...
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Brady v. Board of Review
...214, 185 A.2d 870 (finding that leaving work because of commuting problems was a good, but personal reason); Pagan v. Board of Review, 296 N.J.Super. 539, 543, 687 A.2d 328 (App.Div.), certif. denied, 150 N.J. 24, 695 A.2d 667 (1997) (finding that leaving work because of domestic violence, ......
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Fennell v. Board of Review, No. A-1700-95T3
...insufficient good cause attributable to work include: domestic violence causing change of residence, Page 322 Pagan v. Bd. of Review, 296 N.J.Super. 539, 687 A.2d 328 (App.Div.1997); frustration at not receiving an expected pay raise, DeSantis v. Bd. of Review, 149 N.J.Super. 35, 38, 372 A.......
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Turner Const. Co. v. New Jersey Transit Corp.
...merit. In sum, the deficiencies and irregularities were minor and therefore waivable, especially where, as here, there is no evidence of [687 A.2d 328] fraud, favoritism, corruption or any improper competitive Affirmed. ...
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Pagan v. Board of Review, C-1044
...667 Yvette Pagan v. Board of Review NO. C-1044 SEPT.TERM1996 Supreme Court of New Jersey June 04, 1997 Lower Court Citation or Number: 296 N.J.Super. 539, 687 A.2d 328 Disposition: Denied. ...
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Brady v. Board of Review
...214, 185 A.2d 870 (finding that leaving work because of commuting problems was a good, but personal reason); Pagan v. Board of Review, 296 N.J.Super. 539, 543, 687 A.2d 328 (App.Div.), certif. denied, 150 N.J. 24, 695 A.2d 667 (1997) (finding that leaving work because of domestic violence, ......
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Fennell v. Board of Review, No. A-1700-95T3
...insufficient good cause attributable to work include: domestic violence causing change of residence, Page 322 Pagan v. Bd. of Review, 296 N.J.Super. 539, 687 A.2d 328 (App.Div.1997); frustration at not receiving an expected pay raise, DeSantis v. Bd. of Review, 149 N.J.Super. 35, 38, 372 A.......
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Turner Const. Co. v. New Jersey Transit Corp.
...merit. In sum, the deficiencies and irregularities were minor and therefore waivable, especially where, as here, there is no evidence of [687 A.2d 328] fraud, favoritism, corruption or any improper competitive Affirmed. ...
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Pagan v. Board of Review, C-1044
...667 Yvette Pagan v. Board of Review NO. C-1044 SEPT.TERM1996 Supreme Court of New Jersey June 04, 1997 Lower Court Citation or Number: 296 N.J.Super. 539, 687 A.2d 328 Disposition: Denied. ...