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Sunday, January 25, 2015

ANDREA N. FRAZIER VS. BOARD OF REVIEW, DEPARTMENT OF LABOR AND CENTER FOR FAMILY SERVICES, INC. A-6228-12T3

 ANDREA N. FRAZIER VS. BOARD OF REVIEW, DEPARTMENT OF
          LABOR AND CENTER FOR FAMILY SERVICES, INC.
          A-6228-12T3
Claimant, who was simultaneously working both full-time and part-time, was terminated from her full-time job through no fault of her own. The part-time job was not suitable as her sole employment due to the low hourly pay and unreliable schedule. Seven months later she quit her part-time job to take another part-time job that offered her higher pay, a regular schedule and a possible path to full-time employment. When she had to leave that second part-time job due to unsafe working conditions, the agency determined she was partially disqualified from benefits because she voluntarily quit her earlier part-time job even though it did not interfere with her quest for full- time employment. N.J.A.C. 12:17-9.2(a)(2), however, explains that partial disqualification may be avoided when the claimant
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leaves part-time employment for personal reasons "which arise from the loss of the full-time employment[.]" Thus the reasons given by the agency for partial disqualification were insufficient and reversal was required.