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Modugno v. Board of Review

April 29, 2008

KATHLEEN R. MANCINI MODUGNO, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR AND XEROX CORPORATION, RESPONDENTS.



On appeal from the Board of Review, Department of Labor, Docket No. 145-016.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 21, 2008

Before Judges S.L. Reisner and Gilroy.

Claimant Kathleen Mancini-Modugno*fn1 appeals from a final decision of the Board of Review dated May 23, 2007, denying her claim for unemployment benefits. We affirm.

I.

Claimant was employed as a contract manager for Xerox Corporation. In 2006, Xerox offered certain of its employees the opportunity to participate in a voluntary reduction in force (VRIF) program pursuant to which they would retire in exchange for additional economic incentives. Claimant applied to participate and was accepted; accordingly her last day of work was December 29, 2006. She applied for unemployment benefits, which were initially granted. Xerox filed an appeal, and, following a hearing, an appeals examiner determined that claimant was not entitled to benefits.

The Appeal Tribunal found as a fact that

[Claimant] left the work voluntarily and accepted an incentive to leave the work. The claimant accepted the package because she did not know if [she] would be laid off in the future. She was not told that she would be laid off or transferred.

There was continuing work available with the listed employer.

The mere threat or possibility of layoff constitutes an insufficient basis to trigger the right to receive benefits.

In the case herein, the claimant was given a choice to continue working or to accept the incentive to leave. The claimant accepted the employer's offer due to the uncertainty of the future. However, there is no evidence that there was a real or immediate threat to the claimant's employment and the claimant is considered to have left work voluntarily without good cause attributable to such work. Consequently, the claimant is disqualified for benefits under N.J.S.A. 43:21-5(a) . . .

The Board of Review adopted the decision of the ...


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