ANNA MAZZOCCOLI v. BOARD OF REVIEW et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-6513-04T56513-04T5

ANNA MAZZOCCOLI,

Petitioner-Appellant,

v.

BOARD OF REVIEW and

JBK ASSOCIATES, INC.,

Respondents-Respondents.

____________________________

 

Argued June 26, 2006 - Decided July 25, 2006

Before Judges Collester and Weissbard.

On appeal from the Board of Review,

Department of Labor, Docket No. 72,037.

Anna Mazzoccoli, appellant, argued the

cause pro se.

Alan C. Stephens, Deputy Attorney General,

argued the cause for respondent Board of

Review (Zulima V. Farber, Attorney General,

attorney (Patrick DeAlmeida, Assistant Attorney General, of counsel; Mr. Stephens, on the

brief).

PER CURIAM

Petitioner Anna Mazzoccoli was hired as a recruiter by JBK Associates on July 6, 2004, at an annual base salary of $40,000. After she left on February 2, 2005, she filed for unemployment benefits effective March 6, 2005. The Deputy Director of the Division of Unemployment and Disability Insurance found her eligible for benefits without disqualification. JBK appealed, and a telephone hearing was held before an appeals examiner on May 31, 2005. Thereafter, in its decision mailed on June 1, 2005, the Appeal Tribunal reversed the Deputy's determination and found petitioner disqualified for benefits pursuant to N.J.S.A. 43:21-5(a) because she left work voluntarily without good cause attributable to the work. Petitioner appealed the Tribunal's decision to the Board of Review, which affirmed on July 8, 2005. Petitioner has appealed to this court.

The facts in summary are that in January 2005, JBK's president, Julie Kampf, called petitioner into her office and explained that she would have to step up her production because she was not making enough telephone calls or producing an adequate number of candidates to be a successful recruiter. Petitioner stated that she agreed with Kampf, that she was not enjoying the work and that Kampf should find a replacement. She offered to resign and leave immediately or continue working until Kampf hired her replacement whom she would train. Petitioner wrote an advertisement for her position which appeared in the Bergen Record and was posted on Monster.com. During this time petitioner and Kampf discussed setting up a new administrative placement division in the company. Kampf suggested that petitioner draft a business plan, and petitioner agreed. According to Kampf, petitioner was given several weeks to produce a written plan, but none was forthcoming. On February 2, 2005, Kampf told petitioner she would accept her resignation effective that day.

Petitioner argued that her resignation was tentatively offered in January but was not accepted by the employer. Rather, her employment continued with new responsibilities until she was terminated. A review of the record convinces us that neither the Appeal Tribunal nor the Board of Review made sufficient findings as to this contention. Therefore, we reverse and direct that a new administrative hearing be conducted on the matter.

 
Reversed.

(continued)

(continued)

3

A-6513-04T5

July 25, 2006