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Billington v. Board of Review

Superior Court of New Jersey, Appellate Division

June 3, 2013

JAMES W. BILLINGTON, Appellant,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR and GUITAR CENTER STORES, INC., Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 23, 2013

On appeal from the Board of Review, Department of Labor, Docket No. 314, 107.

James W. Billington, appellant pro se.

Jeffrey S. Chiesa, Attorney General, attorney for respondent Board of Review (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Lisa N. Lackay, Deputy Attorney General, on the brief).

Respondent Guitar Center Stores, Inc. has not filed a brief.

Before Judges St. John and Leone.

PER CURIAM

Appellant James Billington appeals from a final decision of the Board of Review (Board) finding him disqualified from benefits as of November 7, 2010, on the ground that he left work voluntarily without good cause attributed to such work, N.J.S.A. 43:21-5(a). Our examination of the record satisfies us that the Board's final decision was properly premised on facts in the record and is consonant with relevant statutory provisions. Accordingly, we affirm.

I.

The record discloses the following facts and procedural history leading to the administrative determination under review.

Billington was hired in 2003 by Guitar Center Stores, Inc. (Guitar Center) as a store manager. Billington left the company for several months due to medical reasons, but returned in February 2010 in an audio sales position. In a November 5, 2010 meeting with his employer, Billington was advised that his co-workers were complaining that he was constantly on the telephone and that he failed to be of assistance to them. On November 8, 2010, Billington submitted a written resignation asserting that he was dissatisfied with his co-workers, supervisor, and work conditions, and further alleging that his co-workers would not speak to him.

Billington filed a claim for unemployment compensation benefits. The deputy claims examiner determined that Billington was eligible for benefits. Billington's employer, Guitar Center, appealed the deputy's determination to the Appeal Tribunal. On March 11, 2011, a hearing was held before the Appeal Tribunal. In a March 15, 2011 decision, the Appeal Tribunal determined that Billington was disqualified for benefits under N.J.S.A. 43:21-5(a) as of November 7, 2010, as he voluntarily left work without good cause attributed to the work. ...


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