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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111480
Experience:  20+ Years of Employment Law Experience
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I applied benefits in New Jersey. I quit

Customer Question

I applied for unemployment benefits in New Jersey. I quit my job because my health was being affected by the job as shown by various medical reports. I am now at the New Jersey Superior Court Appellate Division and am required to write a brief. I do not know how to start that process or proper format and information to be supplied in brief. My contention is that after ulcer surgery Jan. 23, 2014 I notified my employer verbally that I felt the position was detrimental to my health and I felt it was necessary to resign. My e-mail letter of resignation stated that and the response from the employer did not contest my contention but only wished me good luck. Another person had been hired during my medical leave and I feel that the lower salary and younger staff was contributory to their amicable agreement to my resignation.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Here is a sample of what a well written good looking brief for an appeal should look like:
http://archive.law.fsu.edu/library/flsupct/sc02-152/02-152ans.pdf

I know it is from FL, but the NJ process and process in every state for brief writing is the same and the formats are all generally identical.

So that is what your brief needs to look like.

Now, you need to write in a clear format with your strongest argument first and here is a good explanation of that as well: http://www.courts.wa.gov/content/publicUpload/Supreme%20Court%20News/Seven%20Guidelines%20Westlaw%20Document.doc

You would have a problem with your case in that the NJ case law is not supportive of your claims (as I thought it may have been). The NJ courts hold the intent of the NJ legislature was to "eliminate the eligibility of persons who leave work for good, but personal causes." See: Rider College v. Board of Review, 167 N.J.Super. 42, 46, 400 A.2d 505 (App.Div.1979). In applying section 43:21-5(a), a court must "differentiate between (1) a voluntary quit with good cause attributable to the work and (2) a voluntary quit without good cause attributable to the work." See: Self v. Board of Review, 91 N.J. 453, 459, 453 A.2d 170 (1982). So to be successful, you have to prove your work caused your health condition.
Customer: replied 1 year ago.

Have there been any court cases in NJ where the applicant was granted unemployment for voluntary quit due to health reasons

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

The only cases in NJ where a court would consider giving benefits were as I said above if you can prove that the job actually caused the health condition.

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