LORD v. BOARD OF REVIEW

No. A-1054-10T4.

40 A.3d 94 (2012)

425 N.J. Super. 187

Talmage LORD, Appellant, v. BOARD OF REVIEW, N.J. Department of Labor, and Crossmark, Inc., Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 11, 2012.


Attorney(s) appearing for the Case

Sarah Hymowitz argued the cause for appellant (Legal Services of New Jersey, attorneys; Ms. Hymowitz , Lazlo Beh and Dawn K. Miller , on the briefs).

Alan C. Stephens , Deputy Attorney General, argued the cause for respondent Board of Review ( Jeffrey S. Chiesa , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Stephens, on the brief).

Crossmark, Inc. has not filed a brief.

Before Judges PARRILLO, SKILLMAN and HOFFMAN.


The opinion of the court was delivered by

SKILLMAN, J.A.D. (retired and temporarily assigned on recall).

The question presented by this appeal is whether an employee who accepted his employer's directive that he "had to resign" left his employment "voluntarily" and is therefore disqualified under N.J.S.A. 43:21-5(a) from receiving unemployment compensation benefits. We conclude that such a compelled resignation

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