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Farnworth v. Board of Review

Superior Court of New Jersey, Appellate Division

June 5, 2013

BARBARA A. FARNWORTH, Appellant,
v.
BOARD OF REVIEW and TYCO INTERNATIONAL MANAGEMENT CO., Respondents.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 7, 2013

On appeal from the Board of Review, Department of Labor, Docket No. 271, 655.

Michals & Michals, LLC, attorneys for appellant (Spiros T. Michals, on the briefs).

Jeffrey S. Chiesa, Attorney General, attorney for respondent Board of Review, New Jersey Department of Labor, Division of Unemployment (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Christopher M. Kurek, Deputy Attorney General, on the brief).

Before Judges Fisher and Waugh.

PER CURIAM

Appellant Barbara A. Farnworth appeals the final administrative decision of the Board of Review (Board) in the Division of Unemployment and Disability Insurance (Division), Department of Labor, which denied her application for unemployment benefits. We affirm.

I.

We discern the following facts and procedural history from the record on appeal. Farnworth was employed by respondent Tyco International Management Company (Tyco) as a cash manager from March 2003 until December 7, 2009, when she terminated her employment. According to Farnworth, she left because she could no longer tolerate the conduct of her new supervisor, Mike Giakoumotis. She described his conduct as obnoxious, demeaning, and discriminatory, resulting in physical symptoms such as headaches, upset stomach, and chest pains resulting from stress.[1]

Farnworth filed a claim for unemployment benefits on December 10, 2009. The Division's Deputy Director determined that Farnworth was not entitled to benefits because she left work voluntarily without good cause attributable to the work. Farnworth appealed to the Division's Appeal Tribunal, which held a telephone hearing on April 13, 2010.

The Appeal Tribunal dismissed the appeal, finding that it was untimely and that good cause had not been shown for the late filing. Farnworth appealed the dismissal to the Board, which remanded the matter to the Appeal Tribunal for rehearing on all issues. Following a second telephone hearing on November 2, 2010, the Appeal Tribunal again dismissed the appeal, citing the same reasons and adding that, had the appeal been timely, the Tribunal would have affirmed the decision of the Deputy Director because Farnworth had not exhausted her internal remedies at Tyco to resolve her problems with Giakoumotis.

Farnworth again appealed to the Board, which issued its decision on May 27, 2011. The Board found that the appeal from the Deputy Director to the Appeal Tribunal was late, but that there was good cause for the late filing. However, on the merits, the Board agreed with the Appeal Tribunal that Farnworth was not entitled to benefits under N.J.S.A. 43:21-5(a) because she did not ...


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