CYNTHIA M. BLAKE VS. BOARD OF REVIEW(BOARD OF REVIEW, DEPARTMENT OF LABOR)
170 A.3d 960
N.J. Super. Ct. App. Div.2017Background
- Cynthia Blake gave two weeks' notice to her employer, Laurel Healthcare, resigning to accept higher‑paying work with Alaris Healthcare.
- Two days before her scheduled start at Alaris, Alaris informed Blake the position was no longer available. Blake attempted to rescind her resignation. Laurel then shifted her to part‑time and did not reinstate full‑time work.
- Blake applied for unemployment benefits; the Deputy denied them as a voluntary quit without good cause attributable to the work under N.J.S.A. 43:21‑5(a).
- The Appeal Tribunal and the Board of Review affirmed, holding the 2015 statutory amendment’s exception applies only if the claimant actually commences the new employment within seven days.
- Blake appealed, arguing the amendment should protect workers who resigned to accept a job that was intended to commence within seven days even if it ultimately never began; the Board argued the statute requires actual commencement.
- The Appellate Division affirmed the Board, construing the amendment’s plain language and legislative history to require that the second employment actually commence within seven days to avoid disqualification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2015 amendment to N.J.S.A. 43:21‑5(a) exempts a worker from disqualification when she resigns to accept other employment that was intended to commence within seven days but never actually commenced | Blake: exemption applies where worker left to accept a job that was intended to commence within seven days, even if the job ultimately failed to start | Board: exemption applies only if the worker actually commences employment with the second employer within seven days (actual commencement required) | The court held the amendment requires actual commencement of the second employment within seven days for the exemption to apply; affirmed the Board’s denial of benefits |
Key Cases Cited
- Yardville Supply Co. v. Bd. of Review, 114 A.2d 371 (N.J. 1989) (establishes that voluntary leaving without good cause attributable to the work disqualifies an applicant for unemployment benefits)
- Utley v. Bd. of Review, 194 A.3d 534 (N.J. 2008) (reiterates that benefits are available only when voluntary leaving is for good cause attributable to the work)
- Jersey Cent. Power & Light Co. v. Melcar Util. Co., 212 A.2d 576 (N.J. 2013) (statutory interpretation principle: courts should not insert language the Legislature omitted; presume every word has meaning)