New Jersey § 43:21-5

§ 43:21-5.

An individual shall be disqualified for benefits: (a) For the week in which the individual has left work voluntarily without good cause

attributable to such work, and for each week thereafter until the individual becomes

reemployed and works eight weeks in employment, which may include employment for the

federal government, and has earned in employment at least 10 times the individual's weekly benefit rate, as determined in each case. This subsection shall apply to any individual seeking unemployment benefits on the

basis of employment in the production and harvesting of agricultural crops, including

any individual who was employed in the production and harvesting of agricultural crops

on a contract basis and who has refused an offer of continuing work with that employer

following the completion of the minimum period of work required to fulfill the contract. This subsection shall not apply to 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 employment with the first employer, if the

employment with the second employer has weekly hours or pay not less than the hours

or pay of the employment of the first employer, except that if the individual gives

notice to the first employer that the individual will leave employment on a specified

date and the first employer terminates the individual before that date, the seven-day

period will commence from the specified date. (b) For the week in which the individual has been suspended or discharged for misconduct

connected with the work, and for the five weeks which immediately follow that week,

as determined in each case. “ Misconduct ” means conduct which is improper, intentional, connected with the individual's work,

within the individual's control, not a good faith error of judgment or discretion,

and is either a deliberate refusal, without good cause, to comply with the employer's

lawful and reasonable rules made known to the employee or a deliberate disregard of

standards of behavior the employer has a reasonable right to expect, including reasonable

safety standards and reasonable standards for a workplace free of drug and substance use . In the event the discharge should be rescinded by the employer voluntarily or as a

result of mediation or arbitration, this subsection (b) shall not apply, provided,

however, an individual who is restored to employment with back pay shall return any

benefits received under this chapter for any week of unemployment for which the individual

is subsequently compensated by the employer. If the discharge was for gross misconduct connected with the work because of the commission

of an act punishable as a crime of the first, second, third or fourth degree under

the “New Jersey Code of Criminal Justice,” N.J.S.2C:1-1 et seq. , the individual shall be disqualified in accordance with the disqualification prescribed

in subsection (a) of this section and no benefit rights shall accrue to any individual

based upon wages from that employer for services rendered prior to the day upon which

the individual was discharged. The director shall ensure that any appeal of a determination holding the individual disqualified for gross

misconduct in connection with the work shall be expeditiously processed by the appeal

tribunal. To sustain disqualification from benefits because of misconduct under this subsection

(b), the burden of proof is upon the employer, who shall, prior to a determination

by the department of misconduct, provide written documentation demonstrating that

the employee's actions constitute misconduct or gross misconduct. Nothing within this subsection (b) shall be construed to interfere with the exercise

of rights protected under the “National Labor Relations Act,” ( 29 U.S.C. s.151 et seq. ) or the “New Jersey Employer-Employee Relations Act,” P.L.1941, c. 100 ( C.34:13A-1 et seq. ). (c) If it is found that the individual has failed, without good cause, either to apply

for available, suitable work when so directed by the employment office or the director

or to accept suitable work when it is offered, or to return to the individual's customary

self-employment (if any) when so directed by the director. The disqualification shall continue for the week in which the failure occurred and

for the three weeks which immediately follow that week, as determined: (1) In determining whether or not any work is suitable for an individual, consideration

shall be given to the degree of risk involved to health, safety, and morals, the individual's

physical fitness and prior training, experience and prior earnings, the individual's

length of unemployment and prospects for securing local work in the individual's customary

occupation, and the distance of the available work from the individual's residence. In the case of work in the production and harvesting of agricultural crops, the

work shall be deemed to be suitable without regard to the distance of the available

work from the individual's residence if all costs of transportation are provided to

the individual and the terms and conditions of hire are as favorable or more favorable

to the individual as the terms and conditions of the individual's base year employment. (2) Notwithstanding any other provisions of this chapter, no work shall be deemed

suitable and benefits shall not be denied under this chapter to any otherwise eligible

individual for refusing to accept new work under any of the following conditions:

the position offered is vacant due directly to a strike, lockout, or other labor dispute;

the remuneration, hours, or other conditions of the work offered are substantially

less favorable to the individual than those prevailing for similar work in the locality;

or, the individual, as a condition of being employed, would be required to join a

company union or to resign from or refrain from joining any bona fide labor organization. (d) If it is found that this unemployment is due to a stoppage of work which exists

because of a labor dispute at the factory, establishment or other premises at which

the individual is or was last employed, except as otherwise provided by this subsection

(d). (1) No disqualification under this subsection (d) shall apply if it is shown that: (i) The individual is not participating in or financing or directly interested in

the labor dispute which caused the stoppage of work; and (ii) The individual does not belong to a grade or class of workers of which, immediately

before the commencement of the stoppage, there were members employed at the premises

at which the stoppage occurs, any of whom are participating in or financing or directly

interested in the dispute; provided that if in any case in which subparagraphs (i)

or (ii) of this paragraph (1) applies, separate branches of work which are commonly

conducted as separate businesses in separate premises are conducted in separate departments

of the same premises, each department shall, for the purpose of this subsection, be

deemed to be a separate factory, establishment, or other premises. (2) For any claim for a period of unemployment commencing on or after December 1,

2004 due to a stoppage of work which exists because of a labor dispute at the factory,

establishment or other premises at which the individual is or was last employed, no

disqualification under this subsection (d) shall apply if it is shown that the individual

has been prevented from working by the employer, even though the individual's recognized

or certified majority representative has directed the employees in the individual's

collective bargaining unit to work under the preexisting terms and conditions of employment,

and, if the period of unemployment commenced before January 1, 2022, the employees

had not engaged in a strike immediately before being prevented from working, or if

the a period of unemployment commenced on or after January 1, 2022, whether or not

the employees had engaged in a strike immediately before being prevented from working. (3) For any claim for a period of unemployment commencing on or after July 1, 2018

due to a stoppage of work which exists because of a labor dispute at the factory,

establishment or other premises at which the individual is or was last employed, no

disqualification under this subsection (d) shall apply if an issue in the labor dispute

is a failure or refusal of the employer to comply with an agreement or contract between

the employer and the claimant, including a collective bargaining agreement with a

union representing the claimant, or a failure or refusal to comply with a State or

federal law pertaining to hours, wages, or other conditions of work. (4) For any claim for a period of unemployment commencing on or after July 1, 2018

and before January 1, 2022, if the unemployment is caused by a labor dispute, including

a strike or other concerted activities of employees at the claimant's workplace, whether

or not authorized or sanctioned by a union representing the claimant, but not including

a dispute subject to the provisions of paragraph (2) or (3) of this subsection (d),

the claimant shall not be provided benefits for a period of the first 30 days following

the commencement of the unemployment caused by the labor dispute, except that the

period without benefits shall not apply if the employer hires a permanent replacement

worker for the claimant's position. A replacement worker shall be presumed to be permanent unless the employer certifies

in writing that the claimant will be permitted to return to his or her prior position

upon conclusion of the dispute. If the employer does not permit the return, the claimant shall be entitled to recover

any benefits lost as a result of the 30-day waiting period before receiving benefits,

and the department may impose a penalty upon the employer of up to $750 per employee

per week of benefits lost. The penalty collected shall be paid into the unemployment compensation auxiliary

fund established pursuant to subsection (g) of R.S.43:21-14 . For any claim for a period of unemployment commencing on or after January 1, 2022

due to a stoppage of work which exists because of a labor dispute at the factory,

establishment or other premises at which the individual is or was last employed, including

a strike or other concerted activities of employees at the claimant's workplace, whether

or not authorized or sanctioned by a union representing the claimant, but not including

a dispute subject to the provisions of paragraph (2) or (3) of this subsection (d),

the claimant shall not be provided benefits for a period of the first 14 days following

the commencement of the unemployment caused by the labor dispute, except that the

claimant shall be provided benefits during any part of that the 14-day period in which

the employer engages the services of a replacement worker for the claimant's position,

whether that replacement worker is engaged on a permanent or temporary basis, or is

an existing worker reassigned permanently or temporarily from other duties to perform

the duties of the claimant's position. For any claim for a period of unemployment commencing on or after January 1, 2022

which exists because of a labor dispute at the factory, establishment or other premises

at which the individual is or was last employed, if the labor dispute has not resulted

in a stoppage of work, no disqualification under this subsection (d) shall apply,

and the 14-day waiting period in this paragraph (4) shall not apply. (e) For any week with respect to which the individual is receiving or has received

remuneration in lieu of notice. (f) For any week with respect to which or a part of which the individual has received

or is seeking unemployment benefits under an unemployment compensation law of any

other state or of the United States; provided that if the appropriate agency of the

other state or of the United States finally determines that the individual is not

entitled to unemployment benefits, this disqualification shall not apply. (g)(1) For a period of one year from the date of the discovery by the division of

the illegal receipt or attempted receipt of benefits contrary to the provisions of

this chapter, as the result of any false or fraudulent representation; provided that

any disqualification may be appealed in the same manner as any other disqualification

imposed hereunder; and provided further that a conviction in the courts of this State

arising out of the illegal receipt or attempted receipt of these benefits in any proceeding

instituted against the individual under the provisions of this chapter or any other

law of this State shall be conclusive upon the appeals tribunal and the board of review. (2) A disqualification under this subsection shall not preclude the prosecution of

any civil, criminal or administrative action or proceeding to enforce other provisions

of this chapter for the assessment and collection of penalties or the refund of any

amounts collected as benefits under the provisions of R.S.43:21-16 , or to enforce any other law, where an individual obtains or attempts to obtain by

theft or robbery or false statements or representations any money from any fund created

or established under this chapter or any negotiable or nonnegotiable instrument for

the payment of money from these funds, or to recover money erroneously or illegally

obtained by an individual from any fund created or established under this chapter. (h)(1) Notwithstanding any other provisions of this chapter ( R.S.43:21-1 et seq. ), no otherwise eligible individual shall be denied benefits for any week because

the individual is in training approved under section 236(a)(1) of the “Trade Act of

1974,” Pub.L.93-618 ( 19 U.S.C. s.2296 (a)(1) ) nor shall the individual be denied benefits by reason of leaving work to enter this

training, provided the work left is not suitable employment, or because of the application

to any week in training of provisions in this chapter ( R.S.43:21-1 et seq. ), or any applicable federal unemployment compensation law, relating to availability

for work, active search for work, or refusal to accept work. (2) For purposes of this subsection (h), the term “ suitable ” employment means, with respect to an individual, work of a substantially equal or

higher skill level than the individual's past adversely affected employment, as defined

for purposes of the “Trade Act of 1974,” Pub.L.93-618 ( 19 U.S.C. s.2101 et seq. ) and wages for this work at not less than 80 percent of the individual's average weekly wage, as determined for the purposes of the “Trade

Act of 1974.” (i) For benefit years commencing after June 30, 1984, for any week in which the individual

is a student in full attendance at, or on vacation from, an educational institution,

as defined in subsection (y) of R.S.43:21-19 ; except that this subsection shall not apply to any individual attending a training

program approved by the division to enhance the individual's employment opportunities,

as defined under subsection (c) of R.S.43:21-4 ; nor shall this subsection apply to any individual who, during the individual's

base year, earned sufficient wages, as defined under subsection (e) of R.S.43:21-4 , while attending an educational institution during periods other than established

and customary vacation periods or holiday recesses at the educational institution,

to establish a claim for benefits. For purposes of this subsection, an individual shall be treated as a full-time student

for any period: (1) During which the individual is enrolled as a full-time student at an educational

institution, or (2) Which is between academic years or terms, if the individual was enrolled as a

full-time student at an educational institution for the immediately preceding academic

year or term. (j) Notwithstanding any other provisions of this chapter ( R.S.43:21-1 et seq. ), no otherwise eligible individual shall be denied benefits because the individual

left work or was discharged due to circumstances resulting from the individual being

a victim of domestic violence as defined in section 3 of P.L.1991, c. 261 ( C.2C:25-19 ). No employer's account shall be charged for the payment of benefits to an individual

who left work due to circumstances resulting from the individual being a victim of

domestic violence. For the purposes of this subsection (j), the individual shall be treated as being

a victim of domestic violence if the individual provides one or more of the following: (1) A restraining order or other documentation of equitable relief issued by a court

of competent jurisdiction; (2) A police record documenting the domestic violence; (3) Documentation that the perpetrator of the domestic violence has been convicted

of one or more of the offenses enumerated in section 3 of P.L.1991, c. 261 ( C.2C:25-19 ); (4) Medical documentation of the domestic violence; (5) Certification from a certified Domestic Violence Specialist or the director of

a designated domestic violence agency that the individual is a victim of domestic

violence; or (6) Other documentation or certification of the domestic violence provided by a social

worker, member of the clergy, shelter worker or other professional who has assisted

the individual in dealing with the domestic violence. For the purposes of this subsection (j): “ Certified Domestic Violence Specialist ” means a person who has fulfilled the requirements of certification as a Domestic

Violence Specialist established by the New Jersey Association of Domestic Violence

Professionals; and “ designated domestic violence agency ” means a county-wide organization with a primary purpose to provide services to victims

of domestic violence, and which provides services that conform to the core domestic

violence services profile as defined by the Division of Child Permanency and Protection in the Department of Children and Families and is under contract with the division

for the express purpose of providing such services. (k) Notwithstanding any other provisions of this chapter ( R.S.43:21-1 et seq. ), no otherwise eligible individual shall be denied benefits for any week in which

the individual left work voluntarily and without good cause attributable to the work,

if the individual left work to accompany his or her spouse who is an active member

of the United States Armed Forces, as defined in N.J.S.38A:1-1(g) , to a new place of residence outside the State, due to the armed forces member's

transfer to a new assignment in a different geographical location outside the State,

and the individual moves to the new place of residence not more than nine months after

the spouse is transferred, and upon arrival at the new place of residence the individual

was in all respects available for suitable work. No employer's account shall be charged for the payment of benefits to an individual

who left work under the circumstances contained in this subsection (k), except that

this shall not be construed as relieving the State of New Jersey and any other governmental

entity or instrumentality or nonprofit organization electing or required to make payments

in lieu of contributions from its responsibility to make all benefit payments otherwise

required by law and from being charged for those benefits as otherwise required by

law.