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Shelton v. Board of Review

October 14, 2010

SHARON L. SHELTON, APPELLANT,
v.
BOARD OF REVIEW AND ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL, RESPONDENTS.



On appeal from the Board of Review, Department of Labor and Workforce Development, Docket No. 209,886.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 21, 2010

Before Judges Baxter and Koblitz.

Sharon L. Shelton appeals from an April 20, 2009 decision of the Board of Review (Board) in which the Board found Shelton ineligible for unemployment compensation benefits because she resigned her job voluntarily without good cause attributable to her employment. Recognizing that our scope of review is narrow, we nonetheless conclude that based upon the uncontroverted evidence Shelton presented at the hearing before the Appeal Tribunal, which the Appeals Examiner and the Board accepted as fact, the Board erred when it concluded that Shelton's resignation from her employment disqualified her for unemployment compensation benefits. We reverse.

I.

Shelton began her employment at Robert Wood Johnson University Hospital (Hospital) as an x-ray technician in the CAT Scan department in October 1997. For the next eleven years, Shelton performed her work to the satisfaction of her superiors, never receiving "any write-ups," verbal warnings or any other form of employee discipline.

On October 9, 2008, which was Shelton's last day of employment, she called a radiologist "an asshole." In her testimony before the Appeal Tribunal, Shelton explained the circumstances leading up to that outburst, asserting that the working conditions had begun to deteriorate due to budgetary constraints:

. . . [Y]ou don't understand the way they [were] working me there. You have no idea. I was short. I was training somebody. Everybody had left. I was training somebody who didn't know what she was doing. They didn't do anything [about] my schedule. I was packed every day. I got no lunch for weeks.

They didn't seem to care. . . . I asked them. They told me no. The hospital wasn't doing that well and budgets, budgets, budgets.

They had me on undue stress. . . .

When asked to explain the particular circumstances that existed on her final day of work, Shelton stated:

I had outpatients backed up because they took my nurse away. . . . I had no supervisor and I ...


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