NIZZA v. ADAMS

No. 78-027.

118 N.H. 383 (1978)

PAUL NIZZA v. BENJAMIN C. ADAMS, COMMISSIONER, DEPARTMENT OF EMPLOYMENT SECURITY, & a.

Supreme Court of New Hampshire.

May 17, 1978.


Attorney(s) appearing for the Case

New Hampshire Legal Assistance, of Manchester (Elliott Berry orally), for the plaintiff.

Edward F. Smith and Lonnie E. Siel, of Concord (Mr. Siel orally), for the New Hampshire Department of Employment Security.

Green & Green, of Manchester, filed no brief for defendant Leo F. Seelig.


GRIMES, J.

[1] The first issue is whether at a de novo hearing pursuant to RSA 282:5 G(3) the trial court may deny a claimant unemployment benefits for "voluntarily leaving employment without good cause" when the department had not raised that reason for disqualification in any of the prior proceedings. We hold that it may not. The second issue is whether both of the appeal tribunal's reasons for disqualification were reversed by the findings of the trial court. We...

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