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Roche v. Board of Review

New Jersey Superior Court, Appellate Division


Decided: February 3, 1978.

SOPHIA A. ROCHE, APPELLANT,
v.
BOARD OF REVIEW AND THE VISITING HOMEMAKERS SERVICE OF BURLINGTON, RESPONDENTS

Fritz, Botter and Ard.

Per Curiam

[156 NJSuper Page 65]

This is an appeal from a determination of the Board of Review confirming a decision of the Appeal Tribunal finding appellant disqualified for unemployment benefits on the basis she left work for a personal reason and therefore not for good cause attributable to the work. N.J.S.A. 43:21-5(a).

Claimant's absence from her work was precipitated by the conceived necessity for her finding a different place to live*fn1 since the lady with whom she was living was "driving me crazy" playing religious music. Accordingly, the finding that the claimant's reason for leaving her work was a personal one might easily have been reached on sufficient credible evidence in the whole record. Indeed, such a finding is inescapable and we will not disturb it. Mayflower Securities v. Bureau of Securities , 64 N.J. 85 (1973). We have consistently held that causes personal to the claimant and not attributable to the work come within the disqualification of the statute. White v. Board of Review , 146 N.J. Super. 268 (App. Div. 1977).

Nor is appellant's claim saved because she and the employer chose to call her departure a leave of absence. Despite her statement at the hearing that she intended to return (after an "indefinite leave"), clearly continuity of the employment status was not truly contemplated: appellant was looking for a "live in" job as a substitute, as she now concedes in her brief. In fact, she subsequently accepted such employment. A leave of absence connotes a continuity of the employment status not conditioned upon such things as contingent availability of employment or change of heart. Lewis v. California Unemployment Ins. App. Bd. , 56 Cal. App. 3d 729, 128 Cal. Rptr. 795 (D. Ct. App. 1976); cf. Bowers v. American Bridge Co. , 43 N.J. Super. 48 (App. Div. 1956), aff'd o.b. 24 N.J. 390 (1957).

Affirmed.


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