Rider College v. Board of Review, Dept. of Labor and Industry

• Court: New Jersey Superior Court – Appellate Division
• Citation: 167 N.J.Super. 42,400 A.2d 505
• Parties: RIDER COLLEGE, a Nonprofit Corporation of the State of New Jersey, Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR & INDUSTRY, State of New Jersey et al., Respondent.
• Decision Date: 22 March 1979

Page 42

167 N.J.Super. 42 400 A.2d 505 RIDER COLLEGE, a Nonprofit Corporation of the State of New
Jersey, Appellant,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR & INDUSTRY, State of
New Jersey et al., Respondent. Superior Court of New Jersey, Appellate Division. Submitted March 5, 1979.
Decided March 22, 1979.

[400 A.2d 506]

Page 44

Jamieson, McCardell, Moore, Peskin & Spicer, Trenton, for appellant (Randolph D. Norris, Trenton, on the brief).

John J. Degnan, Atty. Gen., for respondent (Michael S. Bokar, Deputy Atty. Gen., of counsel; and Ivan J. Punchatz, Deputy Atty. Gen., on the brief).

Before Judges FRITZ, BISCHOFF and MORGAN.

PER CURIAM.

In this matter of first impression in New Jersey, we are asked to determine whether leaving work on a reasonable expectation of betterment constitutes a disqualification for unemployment compensation benefits under N.J.S.A. 43:21-5 as a voluntary quit without good cause attributable to the work.

Page 45

Respondent Christopher Duffy was employed by appellant Rider College for five years from 1972 to 1977 as Director of Special Sessions at a salary of $17,500 for the 1976-1977 school year. He made application for a position at Carthage College in Wisconsin, was interviewed and received appointment to the job by letter dated May 17, 1977 at an annual salary of $20,000. He accepted the appointment and resigned from Rider College effective July 31, 1977.

[400 A.2d 507] Respondent went to Wisconsin on June 6, 1977 to search for housing and discovered that the housing prices in Wisconsin were both higher than he expected and higher than he wanted to pay. After four days in Wisconsin he returned to New Jersey and terminated his relationship with Carthage College. Upon his return to New Jersey, respondent did not apply for his old position even though it had not been filled.

His application for unemployment insurance was denied by the deputy. He appealed to the Appeal Tribunal of the Division of Unemployment Disability Insurance which also held that he was not entitled to collect benefits in an opinion reading in part as follows:

Leaving work to accept other work is leaving without good cause attributable to such work only if the employment to which the claimant is going is substantially better employment. While the job which he accepted paid considerably more than he was receiving in his last employment, housing must be considered as a factor in the job offer. While he had made inquiries about housing prior to signing the contract, he had not contacted those persons who would have direct knowledge of the housing market, and when, after signing the contract, he did inquire of such persons he found there was no available housing at affordable prices. Therefore, the new employment which he accepted cannot be considered substantially better employment, and his leaving is without good cause attributable to such work. He is disqualified for benefits under R.S. 43:21-5(a) from July 31, 1977.

The Board of Review, on appeal, reversed the Appeal Tribunal and held claimant entitled to benefits, stating:

The...