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Wednesday, September 9, 2015

PREETI GUNDECHA VS. BOARD OF REVIEW AND DB SERVICES NEW JERSEY, INC. A-3128-13T1

PREETI GUNDECHA VS. BOARD OF REVIEW AND DB SERVICES NEW JERSEY, INC. 
A-3128-13T1 
In this case of first impression we discuss the localization rule contained in the unemployment benefits statute, N.J.S.A. 43:21-19(i)(5), and its application to telecommuters. Claimant was employed by a New Jersey company. At all relevant times she worked from her home in North Carolina. When her employment was terminated, she applied for unemployment benefits in New Jersey. 
We find the employee's physical presence to be the determinative factor in construing the localization rule when applied to an interstate telecommuter. Claimant did all of her work from her home in North Carolina. Therefore, she should pursue her application for benefits in North Carolina, not New Jersey. 
06/24/15