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Saturday, March 28, 2015

L.C. VS. BOARD OF REVIEW, DEPARTMENT OF LABOR AND LAKELAND BANK A-5997-12T2

L.C. VS. BOARD OF REVIEW, DEPARTMENT OF LABOR AND LAKELAND BANK 
A-5997-12T2 

In this unemployment insurance appeal, we construe L. 1999, c. 391, § 1, codified at N.J.S.A. 43:21-5(j), which allows a person to receive unemployment insurance benefits when "the individual has left work or was discharged due to circumstances resulting from the individual being a victim of domestic violence." The statute requires a claimant to present at least one of six kinds of proof that he or she was a domestic violence victim, including "documentation or certification of the domestic violence provided by a social worker, member of the clergy, shelter worker or other professional who has assisted the individual in dealing with the domestic violence." We conclude that an attorney may serve as an "other professional." Regarding the statute's causation element, we conclude that being a victim of domestic violence must be a substantial factor in the claimant's decision to resign, but need not be the sole reason. Applying these principles, we reversed the Board of Review's denial of benefits and remanded for a new hearing.  
03/16/15