MCCLAIN v. BD. OF REV., LABOR

A-52 September Term 2017 A-65 September Term 2017 080397 and 080198.

206 A.3d 353 (2019)

237 N.J. 445

Patricia J. McCLAIN, Appellant-Respondent, v. BOARD OF REVIEW, DEPARTMENT OF LABOR, Respondent-Appellant, and Learning Edge Academy, Inc., and Kids Choice Academy, Respondent. Cynthia M. Blake, Appellant-Appellant, v. Board of Review, Department of Labor, Respondent-Respondent, and Laurel Healthcare, LLC, Respondent.

Supreme Court of New Jersey.

Decided April 29, 2019.


Attorney(s) appearing for the Case

Melissa Dutton Schaffer , Assistant Attorney General, argued the cause for the Department of Labor in both cases ( Gurbir S. Grewal , Attorney General, attorney; Melissa Dutton Schaffer , of counsel, and Peter H. Jenkins , Deputy Attorney General, and Christopher Weber , Deputy Attorney General, on the briefs).

Alan W. Lesso , Vineland, argued the cause for appellant in Blake v. Bd. of Review (South Jersey Legal Services, Inc., attorneys; Alan W. Lesso , Kenneth M. Goldman , Atlantic City, and Cassandra Stabbert , on the briefs).

Kenneth M. Goldman , Atlantic City, argued the cause for respondent in McClain v. Bd. of Review (South Jersey Legal Services, Inc., attorneys; Kenneth M. Goldman, Alan W. Lesso , Vineland, and Cassandra Stabbert , on the briefs).

Alan H. Schorr , Cherry Hill, argued the cause for amicus curiae National Employment Lawyers Association of New Jersey in both cases (Schorr & Associates, attorneys; Alan H. Schorr and Adam L. Schorr , Cherry Hill, on the brief).


Under New Jersey's Unemployment Compensation Law (UCL or Act), N.J.S.A. 43:21-1 to -71, an employee terminated from employment after working a certain number of weeks is ordinarily entitled to unemployment insurance (UI) benefits. An employee who voluntarily leaves her employment without just cause...

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