Roche v. Board of Review
| Court | New Jersey Superior Court – Appellate Division |
| Writing for the Court | PER CURIAM |
| Citation | 383 A.2d 453,156 N.J.Super. 63 |
| Parties | Sophia A. ROCHE, Appellant, v. BOARD OF REVIEW and the Visiting Homemakers Service of Burlington,Respondents. |
| Decision Date | 03 February 1978 |
Page 63
v.
BOARD OF REVIEW and the Visiting Homemakers Service of
Burlington,Respondents.
Decided Feb. 3, 1978.
[383 A.2d 454]
Page 64
Sophia A. Roche, pro se.William F. Hyland, Atty. Gen., for respondent Bd. of Review (Michael S. Bokar, Deputy Atty. Gen., of counsel; Mark I. Siman, Deputy Atty. Gen., on the brief).
Before Judges FRITZ, BOTTER and ARD.
Page 65
PER CURIAM.
This is an appeal from a determination of the Board of Review confirming a decision of the Appeal Tribunal finding appellant disqualified for unemployment benefits on the basis she left work for a personal reason and therefore not for good cause attributable to the work. N.J.S.A. 43:21-5(a).
Claimant's absence from her work was precipitated by the conceived necessity for her finding a different place to live 1 since the lady with whom she was living was "driving me crazy" playing religious music. Accordingly, the finding that the claimant's reason for leaving her work was a personal one might easily have been reached on sufficient credible evidence in the whole record. Indeed, such a finding is inescapable and we will not disturb it. Mayflower Securities v. Bureau of Securities, 64 N.J. 85, 312 A.2d 497 (1973). We have consistently held that causes personal to the claimant and not attributable to the work come within the disqualification of the statute. White v. Board of Review, 146 N.J.Super. 268, 369 A.2d 937 (App.Div.1977).
Nor is appellant's claim saved because she and the employer chose to call her departure a leave of absence. Despite her statement at the hearing that she intended to return (after an "indefinite leave"), clearly continuity of the employment status was not truly contemplated: appellant was looking for a "live in" job as a substitute, as she now concedes in her brief. In fact, she [383 A.2d 455] subsequently accepted such employment. A leave of absence connotes a continuity of the employment status not conditioned upon such things as contingent availability of employment or change of heart. Lewis v. California Unemployment Ins. App. Bd., 56 Cal.App.3d 729, 128 Cal.Rptr. 795 (D.Ct.App.1976); cf. Bowers v. American Bridge Co., 43 N.J.Super. 48, 127 A.2d 580 (App.Div.1956), aff'd o. b. 24 N.J. 390, 132 A.2d 28 (1957).
Affirmed.
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1 In her pro se brief before us appellant details this search as her...
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Fennell v. Board of Review, A-1700-95T3
...1362 (App.Div.1977); absence from work precipitated by relocation due to an intolerable home living situation, Roche v. Bd. of Review, 156 N.J.Super. 63, 65, 383 A.2d 453 (App.Div.1978); and absence from work due to transportation, commuting difficulties or financial problems. Self, 91 N.J.......
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Viviani, Matter of
...in an inactive status. The phrase "leave of absence" itself "connotes a continuity of the employment status," Roche v. Board of Review, 156 N.J.Super. 63, 65 [383 A.2d 453] (App.Div.1978); Bowers v. American Bridge Co., 43 N.J.Super. 48 [127 A.2d 580] (App.Div.1956), aff'd o.b. 24 N.J. 390 ......
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Rider College v. Board of Review, Dept. of Labor and Industry
...(App.Div.1977); absence from work precipitated by relocation due to an intolerable home living situation, Roche v. Board of Review, 156 N.J.Super. 63, 65, 383 A.2d 453 (App.Div.1978), and a voluntary quit because the duties of the work are detrimental to an existing physical condition or st......
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Halenar v. Sayreville Bd. of Ed.
...than September 1, 1977 to August 31, 1978." A leave of absence connotes a continuity of the employment status. Roche v. Bd. of Rev., 156 N.J.Super. 63, 65, 383 A.2d 453 (App.Div.1978). Appellant was not in fact unemployed until June 28, 1979 (or thereabouts 1) and so could not file a "valid......
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Fennell v. Board of Review, A-1700-95T3
...1362 (App.Div.1977); absence from work precipitated by relocation due to an intolerable home living situation, Roche v. Bd. of Review, 156 N.J.Super. 63, 65, 383 A.2d 453 (App.Div.1978); and absence from work due to transportation, commuting difficulties or financial problems. Self, 91 N.J.......
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Viviani, Matter of
...in an inactive status. The phrase "leave of absence" itself "connotes a continuity of the employment status," Roche v. Board of Review, 156 N.J.Super. 63, 65 [383 A.2d 453] (App.Div.1978); Bowers v. American Bridge Co., 43 N.J.Super. 48 [127 A.2d 580] (App.Div.1956), aff'd o.b. 24 N.J. 390 ......
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Rider College v. Board of Review, Dept. of Labor and Industry
...(App.Div.1977); absence from work precipitated by relocation due to an intolerable home living situation, Roche v. Board of Review, 156 N.J.Super. 63, 65, 383 A.2d 453 (App.Div.1978), and a voluntary quit because the duties of the work are detrimental to an existing physical condition or st......
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Halenar v. Sayreville Bd. of Ed.
...than September 1, 1977 to August 31, 1978." A leave of absence connotes a continuity of the employment status. Roche v. Bd. of Rev., 156 N.J.Super. 63, 65, 383 A.2d 453 (App.Div.1978). Appellant was not in fact unemployed until June 28, 1979 (or thereabouts 1) and so could not file a "valid......