NJ Court Clarifies 'Severe Misconduct' In Employment Cases

Law360, New York (March 21, 2013, 5:51 PM EDT) -- A New Jersey appellate court on Thursday overturned a decision to deny a teacher unemployment benefits due to “severe misconduct,” saying the definition of “severe misconduct” is not clearly defined under state law and that the implied definition could not be reasonably applied to the teacher’s conduct.

In a published decision, a three-judge panel on the Superior Court of New Jersey Appellate Division reversed the decision by the review board of the state’s Department of Labor, finding the board could not deny plaintiff Joan Silver unemployment...
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