Amendment To "Work Stoppage" Disqualification Under Employment Laws Requires Board Of Review To Make Factual Finding Regarding Reason For Cessation Of Work

Bustard v. Bd. of Review, 2008 WL 2726632 (N.J. Super., App. Div., July 15, 2008) — A recent amendment to N.J.S.A. 43:21-5(d) created an exception to the well known “work stoppage” disqualification from unemployment benefits where the employer prevents an individual from working.  In this, the first case to implicate that amendment, the Appellate Division criticized the Board for failing to adequately analyze its application.  In remanding the matter, the Court noted an agency’s determination is not entitled to deferential review where it “bespeaks inadequate consideration of factual issues.”

Note: This article was published in the August 2008 issue of the New Jersey eAuthority.