Supreme Court of New Jersey

John M. Utley, Claimant-Appellant v. Board of Review, Department of Labor, Respondent-Respondent, and Myron…

May 15, 2008194 N.J. 534

Summary

The Court held that John Utley's resignation was for good cause attributable to his work because Myron's shift change created a transportation problem that the employer failed to accommodate, making him eligible for unemployment benefits. Relying on the statutory language of N.J.S.A. 43:21-5(a), the regulations, and case law such as Self, Bateman, and Rolka, the Court reversed the Appellate Division and remanded for a benefits determination. Justice Wallace, Jr., dissenting, argued that the loss of transportation was a personal issue and that Utley was not entitled to benefits.