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Robinson v. Board of Review

A-5036-00T1 (N.J. Super. App. Div. 2002) (Unpublished)

UNEMPLOYMENT—Discussing an employer’s finances, and being belligerent about it when questioned, is a substantial disregard of an employer’s interests and constitutes misconduct in connection with the employee’s work.

A fired employee was denied unemployment benefits because she had been “discharged for misconduct connected with the work.” After considering the credibility of witnesses, the Board of Review Tribunal concluded, and the Board itself accepted, that: “The claimant’s actions in discussing the employer’s finances and being belligerent when questioned about it ... were in wil[l]ful disregard of the employer’s interests and constitute misconduct connected with the work.” The Appellate Division noted that it must affirm an agency ruling that is factually supported by the record and in accordance with applicable law if the decision is not arbitrary, capricious or unreasonable. Here, the Court found nothing wrong with the factual findings of the Board, and, upholding the Board’s decision, pointed out that New Jersey law provides that “a disregard of standards of behavior which the employer has the right the expect of its employee ... or evidencing a intentional and substantial disregard of the employer’s interest” constitutes misconduct connected with an employee’s work.

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