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Gailes v. Board of Review

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 4, 2010

CAROLYN M. GAILES, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT AND DONAHOE & PUROHIT, INC., RESPONDENTS.

On appeal from the Board of Review, Department of Labor and Workforce Development, Docket No. 199,765.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 20, 2010

Before Judges Fuentes, Gilroy and Simonelli.

Appellant Carolyn M. Gailes appeals from a final decision of the Board of Review (the Board) that affirmed the Appeal Tribunal's determination that she is ineligible for emergency unemployment compensation (EUC) benefits under the Federal Emergency Unemployment Compensation Act of 2008 (Act), Pub. L. No. 110-252, Title IV, 122 Stat. 2323, 2353-57 (2008),*fn1 for failure to establish at least twenty base weeks or earn wages exceeding forty times her weekly benefit rate during her base year.

Appellant contends that state employees in New York and New Jersey "misguided, [mis]instructed and [mis]informed" her in filing for benefits, resulting in her ineligibility for EUC benefits. Based upon our review of the record, in light of the applicable legal standards, we conclude that appellant's contention is without sufficient merit to warrant further discussion. R. 2:11-3(e)(1)(E). However, we add the following comments.

Appellant worked for Quintile in New York until March 2007. On April 2, 2007, she began employment with respondent Donahoe and Purohit, Inc. (Donahoe) in New Jersey. Her employment with Donahoe terminated in late May 2007.

Appellant filed for and collected unemployment benefits from New York from May 21, 2007 through May 25, 2008. Upon exhaustion of those benefits, she sought extended benefits in New York. She was instructed to file a new unemployment claim in New Jersey because Donahoe was her most recent employer.

On July 13, 2008, appellant filed for regular unemployment benefits in New Jersey. The claim was approved and established a base year of April 1, 2007 through March 31, 2008,*fn2 and a weekly benefit rate of $560. Unemployment benefits were based on appellant's seven weeks of employment with Donahoe, which totaled $8,761.52. Appellant collected benefits from New Jersey through August 30, 2008, the date the claim was exhausted.

Appellant then sought EUC benefits. In order for her to be eligible for those benefits, the Act required that appellant have earnings in twenty base weeks of employment or earn forty times her weekly benefit rate of $560 ($22,400). Pub. L. No. 110-252, § 4001 (d)(2), 122 Stat. 2323, 2354, 26 U.S.C. § 3304 note. Appellant had no New York wages during the base year, she had only seven base weeks of employment with Donahoe, and she only had $8,761.53 in earnings. Accordingly, she was ineligible for EUC benefits.

Affirmed.


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