White v. Board of Review, Division of Employment Security, New Jersey Dept. of Labor and Industry
| Court | New Jersey Superior Court – Appellate Division |
| Writing for the Court | PER CURIAM |
| Citation | 146 N.J.Super. 268,369 A.2d 937 |
| Parties | Sybil WHITE, Claimant-Appellant, v. BOARD OF REVIEW, DIVISION OF EMPLOYMENT SECURITY, NEW JERSEY DEPARTMENT OF LABOR & INDUSTRY, and Mobil Chemical Co., Respondents. |
| Decision Date | 07 January 1977 |
Page 268
v.
BOARD OF REVIEW, DIVISION OF EMPLOYMENT SECURITY, NEW JERSEY
DEPARTMENT OF LABOR & INDUSTRY, and Mobil Chemical
Co., Respondents.
Appellate Division.
Decided Jan. 7, 1977.
Page 269
Patricia F. Breuninger, of the Union County Legal Services, Plainfield, for claimant-appellant.
Jeffrey P. Blumstein, Deputy Atty. Gen., for respondent Bd. of Review (William F. Hyland, Atty. Gen., attorney; Michael S. Bokar, Deputy Atty. Gen., of counsel).
Page 268
Before Judges FRITZ, CRAHAY and ARD.
Page 269
PER CURIAM.
This is an appeal from an administrative determination by the Board of Review, Department of Labor and Industry, which affirmed the decision of the Appeal Tribunal holding the claimant (appellant here) disqualified for unemployment benefits. The facts are simple and essentially uncontested. They are also somewhat uncommon.
The employment which appellant left was that made available to her under the New Jersey work release program (N.J.S.A. 30:8--44 Et seq.) while she was serving a prison sentence at the Correctional Institution for Women at Clinton. This job was at Washington, New Jersey. She quit this employment when she was paroled. A condition of appellant's parole from Clinton was that she reside at her home in Plainfield, New Jersey, under the supervision of her mother. Judicial notice may be taken of the fact that Washington and Plainfield are about 38 miles apart, and although they are joined by major highways, appellant has no car. She assigned these transportation difficulties as her sole reason for leaving the job. She testified that to change her parole plan in order to 'find a place' nearer the job would have required a six-month continuation of her incarceration at Clinton.
Appellant contends that under these circumstances she should be regarded as having left her work involuntarily. This is the premise upon which she attacks the finding that she left work voluntarily without good cause attributable to the work. [369 A.2d 938] While superficially attractive, the argument fails in view of the legislative policy inherent in the statute.
Page 270
Prior to a statutory amendment in 1961, a leaving for personal reasons did not necessarily result in a disqualification for unemployment benefits. Berry, Whitson & Berry v. Div., etc., Dept. of Labor and Ind., 21 N.J. 73, 120 A.2d 742 (1956). By L.1961, c. 43,...
To continue reading
Request your trial
-
Haley v. Bd. of Review, DOCKET NO. A-4973-17T2
...facts, 225 A.3d 791 [the loss of his job] ... bore no relationship to his work." Id. at 325, 688 A.2d 113. White v. Board of Review, 146 N.J. Super. 268, 369 A.2d 937 (App. Div. 1977), reached a similar result. White left her work release employment because she was required as a condition o......
-
Fox v. Woodbridge Tp. Bd. of Educ.
...from the ambit of the amendment. See, e.g., Self v. Board of Review, supra, 91 N.J. 453, 453 A.2d 170; White v. Board of Review, 146 N.J.Super. 268, 369 A.2d 937 (App. Div.1977); Morgan v. Board of Review, 77 N.J.Super. 209, 185 A.2d 870 (App. Div.1962); see also DeLorenzo v. Board of Revie......
-
Fennell v. Board of Review, A-1700-95T3
...work due to transportation, commuting difficulties or financial problems. Self, 91 N.J. at 460, 453 A.2d 170; White v. Bd. of Review, 146 N.J.Super. 268, 270, 369 A.2d 937 (App.Div.1977); Morgan v. Bd. of Review, 77 N.J.Super. 209, 213-14, 185 A.2d 870 The purpose of the New Jersey statute ......
-
Self v. Board of Review
...was aggravating; held, the aggravation of commuting was not good cause attributable to her employment); White v. Board of Review, 146 N.J.Super. 268, 369 A.2d 937 (App.Div.1977) (parolee without a car was required as a condition of parole to move to her home 38 miles from her place of emplo......