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Staffa v. Board of Review

December 2, 2009

ELANA STAFFA, APPELLANT,
v.
BOARD OF REVIEW AND THE WYCKOFF GROUP, INC., RESPONDENTS.



On appeal from the Board of Review, Department of Labor, Docket No. 169,746.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 7, 2009

Before Judges Graves and Sabatino.

Appellant Elana Staffa (Staffa) filed a claim for unemployment compensation benefits on April 29, 2007, and she collected benefits totaling $12,114 for the weeks ending May 5, 2007, through October 20, 2007. She appeals from a determination that she was ineligible for benefits because she "left work voluntarily without good cause attributable to such work," N.J.S.A. 43:21-5(a), and a subsequent order by the Board of Review on March 14, 2008, dismissing her administrative appeal because it was untimely. We affirm.

The relevant facts pertaining to Staffa's employment were developed during an Appeal Tribunal hearing on January 25, 2008. Staffa testified she began working for Heidelberg USA in Cranbury, New Jersey, but in 2004, when her position as a service dispatcher was transferred to Atlanta, Georgia, she agreed to relocate to Georgia. Staffa continued working for Heidelberg in Georgia for approximately two years, until April 29, 2006. Plaintiff testified she could have continued to work for Heidelberg in Atlanta, Georgia, but she returned to New Jersey so she could spend more time with her family:

Well I was working in New Jersey for Heidelberg and after a couple of years, my position was going to be terminated in New Jersey and they were moving my position as well as many others to the corporate office in Atlanta, Georgia or Kennesaw, Georgia. I interviewed and they hired me in Kennesaw. So I moved and transferred for the company and I worked for them in Kennesaw for about two years and then I transferred back home to New Jersey.

Q: Why did you transfer back to New Jersey?

A: To be with my family.

Q: . . . Why were they looking for a replacement for you in Atlanta? Was it because you no longer wanted to work there?

A: No. I would love to work there. I still would love to work there but they wanted my position--my job in the corporate office.

Q: Right. But you had been doing that for two years and then you said you transferred back to New Jersey.

A: Right.

Q: You transferred back to New Jersey because you wanted to be ...


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