MARGARET CARR VS. BOARD OF REVIEWÂ (BOARD OF REVIEW, DEPARTMENT OF LABOR)
A-5260-15T2
| N.J. Super. Ct. App. Div. | Oct 11, 2017Background
- Margaret Carr worked as a certified alcohol and drug counselor for Elite Care NJ from Aug. 2014 to Nov. 14, 2015.
- Her required licensed clinical supervisor was replaced in 2015 by an uncertified individual; Carr believed this jeopardized her own certification and her ability to lawfully perform duties.
- Carr raised the issue with her employer but Elite did not replace the supervisor; tensions developed and Carr resigned on Nov. 14, 2015.
- Carr did not file a complaint with the regulatory committee (State Board of Social Work Examiners / Alcohol and Drug Counselor Committee) prior to resigning; she later filed a complaint after leaving.
- The Department of Labor Appeal Tribunal denied unemployment benefits, finding Carr voluntarily left without good cause attributable to work; the Board of Review affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Carr voluntarily left work for "good cause attributable to the work" under N.J.S.A. 43:21-5(a) | Carr: Employer’s failure to provide a properly certified clinical supervisor created a work-related condition that left her no choice but to resign to protect her license. | Board/Employer: Carr failed to show her certification was actually jeopardized and did not use regulatory remedies before resigning. | Held: Carr disqualified — she left voluntarily without good cause attributable to the work. |
| Whether Carr satisfied her burden to take reasonable steps to remain employed | Carr: Raising concerns with employer was sufficient; regulatory complaint filed later proves merit. | Board: Employee must take reasonable steps (including notifying regulator) before quitting; post-resignation filing insufficient. | Held: Carr failed to take reasonable steps (no pre-resignation regulatory complaint); resignation was premature. |
| Whether speculative risk to professional license excuses quitting | Carr: Potential revocation of license justified immediate resignation. | Board: Risk was speculative; no evidence license was actually at risk. | Held: Speculative risk alone insufficient; no evidence license was imperiled. |
| Standard of review for Board findings | Carr: Board erred in applying the law to facts. | Board: Findings are supported by credible evidence and are dispositive under deferential review. | Held: Appellate review is limited; Board’s factual findings sustained as reasonable. |
Key Cases Cited
- Brady v. Bd. of Review, 152 N.J. 197 (establishes deferential standard for review of unemployment factfindings)
- Charatan v. Bd. of Review, 200 N.J. Super. 74 (explains appellate scope in unemployment proceedings)
- Self v. Bd. of Review, 91 N.J. 453 (Board findings entitled to acceptance if supported by credible evidence)
- Domenico v. Bd. of Review, 192 N.J. Super. 284 (employee must take necessary and reasonable steps to remain employed)
- Casciano v. Bd. of Review, 300 N.J. Super. 570 (resignation justified where employee would be required to engage in illegal or unethical conduct)