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Gundecha v. Board of Review

Superior Court of New Jersey, Appellate Division

June 26, 2015

PREETI GUNDECHA, Appellant,
v.
BOARD OF REVIEW and DB SERVICES NEW JERSEY, INC., Respondents

Submitted May 12, 2015.

Approved for Publication June 26, 2015.

On appeal from the Board of Review, Department of Labor and Workforce Development, Docket No. 417,546.

Preeti Gundecha, appellant, Pro se.

John J. Hoffman, Acting Attorney General, attorney for respondent Board of Review (Lewis A. Scheindlin, Assistant Attorney General, of counsel; Robert M. Strang, Deputy Attorney General, on the brief).

Respondent DB Services New Jersey, Inc., has not filed a brief.

Before REISNER, HIGBEE, and CURRIER, Judges.

OPINION

[441 N.J.Super. 340] CURRIER, J.S.C. (temporarily assigned).

In this case of first impression, claimant Preeti Gundecha (Gundecha) appeals from the February 18, 2014 final decision of the Board of Review (Board) affirming the decision of the Appeal Tribunal denying her claim for New Jersey unemployment benefits [441 N.J.Super. 341] pursuant to N.J.S.A. 43:21-19(i)(2). We affirm, because although Gundecha was employed by the company's New Jersey office, she performed all of her work in North Carolina. Therefore, she was entitled to unemployment benefits in North Carolina, not New Jersey.

Gundecha began working for Deutsche Bank (DB) in 1999. After working briefly in DB's London office, she was transferred

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to New York and worked there until 2007. In 2008 Gundecha began working in a New Jersey office but left on maternity leave in April 2009. The next month she moved to North Carolina. She remained on maternity leave until December 2009. At that time, Gundecha returned to work for DB, telecommuting out of her home in North Carolina. She worked in that manner throughout 2010.

In January 2011 Gundecha became ill and was unable to work for the next eighteen months. She was released by her doctor to return to work in July 2012. She was laid off by DB in September 2012 and given a year of severance pay.

In February 2013 Gundecha applied to New Jersey for unemployment benefits.[1] Her claim was denied. Claimant appealed the agency's determination. After a telephone interview, the Appeal Tribunal affirmed the prior decision noting that claimant had not established the required base weeks or earnings within ...


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