PATRICIA J. MCCLAIN VS. BOARD OF REVIEW(BOARD OF REVIEW, DEPARTMENT OF LABOR), 168 A.3d 1214

Patricia McClain resigned from Learning Edge Academy on Oct. 12, 2015 after accepting a higher-paying full‑time offer from Kids Choice Academy that was to begin within seven days.
Kids Choice rescinded the offer the next day before McClain ever began working; Learning Edge accepted her resignation.
McClain applied for unemployment benefits; her claim was denied by the Appeal Tribunal and the Board of Review on the ground she voluntarily left work without good cause.
The Board applied a 2015 amendment to N.J.S.A. 43:21‑5(a) but concluded McClain was not exempt because she did not actually commence employment with the new employer within seven days.
McClain appealed to the Appellate Division, which considered whether the statutory exemption requires actual commencement of work with the second employer.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 2015 amendment to N.J.S.A. 43:21‑5(a) requires a claimant to actually commence the new employment within seven days to avoid disqualification	McClain: No — statute exempts a worker who "voluntarily leaves ... to accept" employment that "commences" within seven days; actual start not required	Board: Yes — exemption applies only if claimant actually begins new employment within seven days (because a layoff implies the person had commenced work)	Held: The plain language does not require actual commencement; accepting employment that commences within seven days suffices, so McClain is exempt from disqualification

In re Stallworth, 208 N.J. 182 (appellate review standard for agencies)
Utley v. Bd. of Review, 194 N.J. 534 (scope of Board deference and unemployment law purpose)
DiProspero v. Penn, 183 N.J. 477 (statutory interpretation principles; plain meaning rule)
Richardson v. Bd. of Trs., Police & Firemen's Ret. Sys., 192 N.J. 189 (when plain language controls)
Brady v. Bd. of Review, 152 N.J. 197 (remedial purpose of unemployment compensation statute)