ANN VILLA VS. BOARD OF REVIEW(BOARD OF REVIEW, DEPARTMENT OF LABOR), A-3961-15T3

Ann Villa was Director of Development at Hunterdon Art Museum and applied for unemployment after leaving her position claiming she was fired.
The Unemployment Insurance Deputy found she left voluntarily and denied benefits; Villa appealed.
At a hearing Villa testified the Museum Director told her staff disliked her and that she had to change her personality or leave; Villa stood, thanked the Director, and left believing she had been terminated. The Director did not call her back.
The Museum Director testified she intended to warn Villa to be more collaborative, not to fire her that day, but acknowledged Villa would be fired if she did not change.
The Appeal Tribunal found Villa’s departure was involuntary (an employer-compelled resignation); the Board of Review reversed, ruling Villa left voluntarily and was disqualified from benefits. The Appellate Division reversed the Board.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Villa’s separation was voluntary under N.J.S.A. 43:21-5(a)	Villa contends she was effectively terminated — told to change or leave — so her resignation was compelled and therefore involuntary	Museum contends the meeting was a reprimand; Villa chose to leave and the employer did not terminate her that day	Separation was involuntary; employer compelled resignation by presenting change-or-leave choice

Brady v. Bd. of Review, 152 N.J. 197 (court will not overturn agency action unless arbitrary or capricious)
Utley v. Bd. of Review, 194 N.J. 534 (statutory framework for voluntary separation and good-cause analysis under unemployment law)
Lord v. Bd. of Review, 425 N.J. Super. 187 (App. Div. 2012) (compelled resignation is involuntary when employer makes the decision to end employment)
Campbell Soup Co. v. Bd. of Review, 13 N.J. 431 (employer’s de facto decision can render an employee’s departure involuntary)