01-2-4144 Patricia J. McClain v. Board of Review, Dept. of Labor, N.J. Super. App. Div. (Vernoia, J.A.D.) (16 pp.) Appellant left one job upon another's promise of employment. The new employer, however, rescinded the offer the day after appellant voluntarily quit the first job. The Board of Review affirmed the denial of appellant's application for unemployment benefits based on its interpretation of a 2015 amendment to N.J.S.A. 43:21 – 5(a), which exempts from disqualification “an individual who voluntarily leaves work with one employer to accept from another employer employment which commences not more than seven days after the individual leaves . . . the first employer.” The board determined that because appellant did not commence employment with the new employer, she was not entitled to the statutory exemption from disqualification. The court rejects the board's interpretation of N.J.S.A. 43:21 – 5(a) and finds the exemption from disqualification does not require that the claimant actually commence employment with the new employer. (Approved for Publication)

01-2-4144 Patricia J. McClain v. Board of Review, Dept. of Labor, N.J. Super. App. Div. (Vernoia, J.A.D.) (16 pp.) Appellant left one job upon another's promise of employment. The new employer, however, rescinded the offer the day after appellant voluntarily quit the first job. The Board of Review affirmed the denial of appellant's application for unemployment benefits based on its interpretation of a 2015 amendment to N.J.S.A. 43:21 – 5(a), which exempts from disqualification “an individual who voluntarily leaves work with one employer to accept from another employer employment which commences not more than seven days after the individual leaves . . . the first employer.” The board determined that because appellant did not commence employment with the new employer, she was not entitled to the statutory exemption from disqualification. The court rejects the board's interpretation of N.J.S.A. 43:21 – 5(a) and finds the exemption from disqualification does not require that the claimant actually commence employment with the new employer. (Approved for Publication)