NJ Labor Board Must Use Clarified Misconduct Definition

Law360, New York (September 9, 2013, 7:39 PM EDT) -- A New Jersey appellate panel Monday reversed the Department of Labor’s denial of unemployment benefits to a man terminated for “severe misconduct,” saying the department’s Board of Review has to apply the definition of “severe misconduct” established by a recent, precedential appellate decision.

A two-judge panel on the Superior Court of New Jersey’s Appellate Division reversed a determination by the Department of Labor’s highest appellate board to deny unemployment benefits to David Tarnowski, a former production technician at National Gypsum Co. Inc. who was denied benefits...
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