A-4319-15T3
Appellant
left one job upon another's promise of employment. The new employer, however,
rescinded the offer the day after appellant voluntarily quit the first job. The
Board of Review affirmed the denial of appellant's application for unemployment
benefits based on its interpretation of a 2015 amendment to N.J.S.A.
43:21-5(a), which exempts from disqualification "an individual who
voluntarily leaves work with one employer to accept from another employer
employment which commences not more than seven days after the individual leaves
. . . the first employer." The Board determined that because appellant did
not commence employment with the new employer, she was not entitled to the
statutory exemption from disqualification. The court rejects the Board's interpretation
of N.J.S.A. 43:21-5(a) and finds the exemption from disqualification does not
require that the claimant actually commence employment with the new
employer.
