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DEMECH v. BD. OF REVIEW, DEPT. OF LABOR AND INDUSTRY

167 N.J. Super. 35 (1979)

400 A.2d 502

CAROL DEMECH, APPELLANT, v. BOARD OF REVIEW, DEPARTMENT OF LABOR AND INDUSTRY AND THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1979.

Attorney(s) appearing for the Case

Ms. Jane B. Terpstra, Acting Director, Legal Aid Society of Mercer County, attorney for appellant (Mr. Gerald B. Schenkman, of counsel; Mr. Richard Dana Krebs, on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for respondent Board of Review (Mr. Michael S. Bokar, Deputy Attorney General, of counsel; Mr. Mark I. Siman, Deputy Attorney General, on the statement).

Messrs. Brandt, Haughey, Penberthy & Lewis, attorneys for respondent A & P (Mr. Gerald E. Haughey, on the brief).

Before Judges FRITZ and MORGAN.

The opinion of the court was delivered by MORGAN, J.A.D.

Enraged by a coemployee's persistent, unremitting and sexually offensive verbal and physical abuse, claimant seized the nearest object at hand, a 25-pound roast of beef, and hurled it at her tormenter. This conduct resulted in her discharge from employment. Following application for unemployment compensation benefits, she was found guilty of misconduct, disqualified...

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