STEPHEN J. NAPIER v. BOARD OF REVIEW, DEPARTMENT OF LABOR et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-1948-05T21948-05T2

STEPHEN J. NAPIER,

Appellant,

v.

BOARD OF REVIEW,

DEPARTMENT OF LABOR and

LAWES ENVIRONMENTAL SERVICE,

Respondent.

___________________________________________________

 

Submitted May 24, 2006 - Decided June 28, 2006

Before Judges Stern and Parker.

On appeal from the Board of Review,

Department of Labor, Docket No. 89,122.

Stephen J. Napier, appellant pro se.

Zulima V. Farber, Attorney General, attorney

for respondent (Patrick DeAlmeida, Assistant

Attorney General, of counsel; Alan C. Stephens,

Deputy Attorney General, on the brief).

PER CURIAM

Claimant, Stephen J. Napier, appeals from the final administrative determination of the Board of Review which affirmed the Appeal Tribunal's decision of October 20, 2005, and denied his claim for unemployment benefits as he "left work voluntarily without good cause attributable to the work." N.J.S.A. 43:21-5(a). There is no substantial dispute with the Appeal Tribunal's finding that:

The claimant was employed as a project manager for the above-named employer for four (4) years until 09/02/05, when a separation from employment occurred due to the claimant's loss of a valid driver's license. The claimant's license was suspended for DWI. A valid driver's license was a prerequisite for the job.

In light of the loss of claimant's driving privileges, a prerequisite to his employment, and because it became "difficult" for his employer "to schedule jobs," we affirm the Board's determination. Yardville Supply Co. v. Bd. of Review, 114 N.J. 371, 377 (1989) (holding that "[w]here it is reasonably foreseeable that an employee's voluntary conduct will render him unemployable, and his actions actually do lead to the loss of a prerequisite of employment, the employee leaves work voluntarily without good cause attributable to such work under N.J.S.A. 43:21-5(a)").

Affirmed.

 

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A-1948-05T2

June 28, 2006