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Crowley v. Board of Review

July 9, 2010

MATTHEW N. CROWLEY, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR AND SOUTH RIVER BOARD OF EDUCATION, RESPONDENTS.



On appeal from the Board of Review, Department of Labor, Docket No. 196,802.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 3, 2010

Before Judges Axelrad and Espinosa.

Matthew Crowley appeals from a final decision of the Board of Review, Department of Labor (the Board), which determined that he was disqualified for unemployment benefits. We reverse and remand.

Crowley filed a claim for unemployment benefits on June 22, 2008 and was found eligible for benefits by a deputy to the Director, Division of Unemployment Insurance. The stated reasons for the determination were:

You were employed by the South River Board of Education from 01/15/08 to 06/30/08 as a special education teacher on a temporary basis. There was no reasonable assurance that you would be employed for the upcoming school year. On 04/21/08, you requested resignation effective immediately but your resignation was not accepted and you worked the remainder of your initial contract.

Evidence indicates that your reason for leaving constitutes good cause attributable to the work. You are eligible for benefits.

The South River Board of Education (the Board of Education) filed an appeal. The evidence presented at the Appeal Tribunal hearing can be summarized as follows.

Crowley was hired by the Board of Education on January 15, 2008 as a substitute special education teacher for the spring 2008 semester, which ended June 30, 2008. He testified that he was told at the time of hire and on several occasions thereafter by the Superintendent of Schools and the Director of Special Services that he would not be offered employment for the fall semester because the teacher for whom he was a substitute was returning and the Board lacked the funds for another position.

On April 21, 2008, Crowley submitted a letter of resignation to Donna Kennelly, Director of Special Education that stated:

Dear Mrs. Kennelly,

Due to unforeseen changes in my present family circumstances, I must resign my teaching ...


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