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DiLeonardo v. Board of Review

October 18, 2010

JOSEPH A. DILEONARDO, APPELLANT,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR AND MCKESSON AUTOMATED HEALTHCARE, INC., RESPONDENTS.



On appeal from a Final Decision of the Board of Review, Department of Labor, Docket No. 235,329.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 5, 2010

Before Judges Graves and Messano.

Joseph A. DiLeonardo (DiLeonardo), formerly an employee of McKesson Automated Healthcare, Inc. (McKesson), appeals from a final decision of the Board of Review (the Board), which affirmed a decision of the Appeal Tribunal. The Board concluded that DiLeonardo was disqualified for benefits under the Unemployment Compensation Law, N.J.S.A. 43:21-1 to -71, because he left work voluntarily without good cause attributable to such work. N.J.S.A. 43:21-5(a). We affirm.

The relevant facts pertaining to DiLeonardo's employment were developed during the Appeal Tribunal hearing on July 1, 2009. DiLeonardo testified that he was employed by McKesson as a salesperson from September 2003 to May 8, 2009, and that McKesson "sold robotics products to hospitals." He further testified that on January 27, 2009, his immediate supervisor told him he was being placed on a ninety-day performance plan because "the business wasn't coming in," and the company was not "happy with [his] sales to date." According to DiLeonardo, he was given the option to either participate in the performance plan or "elect to have six weeks to find another job within McKesson."

Approximately two weeks later, on February 9, 2009, DiLeonardo submitted a letter of resignation. When asked why he resigned, DiLeonardo said he was told "people do not succeed in the performance program" and he "wanted to protect [his] record in the event that [he] wanted to find another job within McKesson." In addition, DiLeonardo testified as follows:*fn1

EXAMINER: All right so they . . . put you on performance because they were not happy with your sales to date right?

CLAIMANT: Right.

EXAMINER: And that was back in January you said you sat down and had a discussion right?

CLAIMANT: Yes.

EXAMINER: Okay and was it during that same discussion that you offered to resign?

CLAIMANT: No I had a [follow-up] discussion with the Vice President his name is Greg King and I discussed with him the option of staying [throughout] the fiscal year and leaving on May 8th.

EXAMINER: Okay let me ask you a question if you didn't . . . give them your resignation at that time would they have ...


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