Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I applied benefits in New Jersey. I quit

Customer Question
I applied for unemployment benefits...
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: 3 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 47 minutes by:
6/21/2015
Employment Lawyer: Law Educator, Esq., Attorney replied 3 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,758
Experience: 20+ Years of Employment Law Experience
Verified
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.
Ask Your Own Employment Law Question
Customer reply replied 3 years ago

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

Employment Lawyer: Law Educator, Esq., Attorney replied 3 years 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.
Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 126,758
126,758 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have almost 30 years in my industry worked my way up to a
I have almost 30 years in my industry worked my way up to a supervisor and I filled out task training on the people I supervised even though they were already tasked trained but the company at the tim… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I had been on workers comp from November 5, 2014 - May 13,
I had been on workers comp from November 5, 2014 - May 13, 2014 after tearing both rotator cuffs at work. My manager was kept abreast of my my status pre and post surgery. When I was released for regu… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I have been off work since August of 2012. I had an on the
I have been off work since August of 2012. I had an on the job injury and the workers compensation insurance carrier has made it impossible for me to get the surgery I need to recover. It has dragged … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My sister is using FMLA right now. When she asked to extend
My sister is using FMLA right now. When she asked to extend her FMLA they told her that her 12 weeks were almost up and they couldn't extend her. She explained to them that her surgery was scheduled o… read more
socrateaser
socrateaser
1,031 satisfied customers
Is it legal to only give me less than a minute to make up my mind on termination vs. resig
Is it legal to only give me less than a minute to make up my mind on termination vs. resignation? I am in the medical field, or rather was, as a Home Health Rn.. I was off for about 3 months prior to … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
Good Night, I have been ill for about 3 years with fibromyalgia,
Good Night, I have been ill for about 3 years with fibromyalgia, very low body mass index (15.6, weight 93 lbs, height 5.5) caused by malnutrition, which was in turn caused by digestive issues. All of… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
I have worked in city government in Indiana for 23 years, I
I have worked in city government in Indiana for 23 years, I going to be replaced on Jan 1 2012 by a new Mayor with no other job offers within city. The new Mayor takes office Jan 1 2012 at noon. Yeste… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
I recently quit my job after the following events occured
I recently quit my job after the following events occured: 1. 5/3 Felt chest pains on the job due to stress and went to my doctor. My blood pressure was borderline high. He then ran an EKG and found a… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
While in the midst of preparing for medically recommeneded
While in the midst of preparing for medically recommeneded gastric bypass surgery, taking the required nutritional classes, obtaining the necessary psychiatric evaluation my employer switched health i… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have nearly used the 12 weeks of approved FMLA for serious
I have nearly used the 12 weeks of approved FMLA for serious health conditions for both my parents. They live nearly 300 miles from me so helping them takes travel time. My Dad has dementia and other … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I resigned from my last position with the Department of Human
I resigned from my last position with the Department of Human Service as a Counselor for criminals with mental issues because of stress which is affecting my health. I had a rotten supervisor who love… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,248 satisfied customers
I was diagnosed with breast cancer and had a mastectomy. I
I was diagnosed with breast cancer and had a mastectomy. I also chose breast reconstruction immediately (it was actually started right after the mastectomy). Reconstruction is a long process (several … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
A week after telling my manager that I was pregnant, he started
A week after telling my manager that I was pregnant, he started threatening to fire me, and is trying to convince me to resign. I am a physician and have never had any disciplinary action taken agains… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Dear Sir/Madame i just started a new job on 6/18/09 which
Dear Sir/Madame: i just started a new job on 6/18/09 which is during my 90 day probationary period, my doctor took me out of work on 6/23/09 until my next appointment to see him on 07/01/09 , yes my d… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I am a mid-level manager in a large health care organization.
I am a mid-level manager in a large health care organization. I recently returned after FMLA (for surgery) to discover I was being let go. The company stated they felt new management was needed for th… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
If I resign from my position due to my health - advised by
If I resign from my position due to my health - advised by Dr adn Therapist that I need to resign due to health - am I eligible for unempolyment. What documentation do I need to supply - copies of med… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Hello, my name is Leon. I recently left my California employer,
Hello, my name is Leon. I recently left my California employer, signing a resignation letter. I expressed to my supervisor that I wanted to explore other job opportunities due to burnout, preferably a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have been diagnoised with an aneruysm 2 years ago, ...
I have been diagnoised with an aneruysm 2 years ago, I''m fearful of of being fired or forced to resign if they knew-there looking for excuses to get rid of people due to the economy-I have been with … read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x