No Jobless Benefits for Lawyer Who Quit After Being Berated

Posted by Sylvia Bis.

Workers who quit their job voluntarily can still collect unemployment benefits if they did so with good cause. Each state interprets criteria for good cause differently. However, all states consider harassment, discrimination, and unsafe work conditions to be adequate reasons to receive unemployment benefits after quitting.

In this case, Ann Dooley fought to overturn her denial of unemployment benefits. Dooley worked as a securities class-action lawyer at Lite DePalma. Dooley asked her partner, Katrina Carroll, for assistance on filings with approaching deadlines. Katrina Carroll, who was on the last days of maternity leave, agreed to help. Dooley received approval for the assistance from her supervisor, Allyn Lite.

However, the firm’s managing member, Joseph DePalma became irritated that Dooley was receiving help from Carroll. “He entered appellant’s office and berated appellant for reaching out to an attorney on maternity leave.” Afterwards, Dooley visited DePalma’s office to speak to him, but he had not yet calmed down and asked her to leave.

Dooley was very distressed and believed she could no longer work with DePalma. When she consulted Allyn Lite about her possible resignation, he advised her to take more time to consider the decision. However, that night Dooley notified Carroll that she would be resigning. The next day she confirmed it with Allyn Lite.

Initially, Dooley was accepted to collect unemployment benefits. The firm later appealed her eligibility and she was disqualified for benefits by the Appeal Tribunal. Dooley then appealed and the case was taken to the Appellate Division.

Judges Jonathan Harris and John Kennedy upheld the denial of benefits stating the cause would have to be “so compelling as to give the individual no choice but to leave employment,” and that “on-the-job reprimands administered to claimant by her supervisor, while public and arguably improper and humiliating, are not so burdensome as to justify a claimant’s departure from the job.”

Dooley then appealed to the New Jersey Supreme Court, which declined to review the case.

Sylvia is a business administration major with a concentration in management at Montclair State University, Class of 2016.