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Frazier v. Bd. of Review

Superior Court of New Jersey, Appellate Division

January 22, 2015

ANDREA N. FRAZIER, Appellant,
v.
BOARD OF REVIEW, DEPARTMENT OF LABOR and CENTER FOR FAMILY SERVICES, INC., Respondents

Submitted January 6, 2015

Approved for Publication January 22, 2015.

On appeal from Board of Review, Department of Labor, Docket No. 335,488.

South Jersey Legal Services, Inc., attorneys for appellant ( Lee Ginsburg, on the brief).

John J. Hoffman, Acting Attorney General, attorney for respondent ( Lewis A. Scheindlin, Assistant Attorney General, of counsel; Anthony DiLello, Deputy Attorney General, on the brief).

Respondent Family Services, Inc. has not filed a brief.

Before Judges KOBLITZ, HAAS and HIGBEE.

Page 1253

[439 N.J.Super. 132] OPINION

KOBLITZ, J.A.D.

Claimant Andrea Frazier appeals from the July 12, 2013 final decision of the Board of Review, Department of Labor and Workforce Development, (the Board), affirming the Appeal Tribunal's decision partially disqualifying her for unemployment benefits,[1] due to claimant's decision to voluntarily leave part-time [439 N.J.Super. 133] weekend employment after being involuntarily terminated from her full-time job. Because her reasons for leaving her part-time employment satisfy an exception to the disqualification for benefits that a voluntary decision to quit ordinarily carries, we reverse.

Claimant began employment as a full-time mental health clinician at the University of Medicine and Dentistry of New Jersey (UMDNJ) in 2005. In 2009 she also began working part-time as needed on weekends as a counselor at the Center for Family Services (CFS). On April 8, 2010, she was laid off from UMDNJ through no fault of her own. Seven months later she voluntarily quit her part-time CFS job to take other part-time weekend work at

Page 1254

Trenton Psychiatric Hospital (TPH), which offered her higher pay and a regular schedule as well as a possible path to full-time employment. Claimant worked at this weekend job for only four months, quitting due to the dangerous conditions on the job, which made the job unsuitable.[2]

The only issue before us is whether the Board abused its discretion in finding that claimant's decision to leave her part-time CFS job partially ...


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