Claimant denied benefits where he resigned prior to outcome of executive session that would discuss his future
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Friday, October 18, 2019

Claimant denied benefits where he resigned prior to outcome of executive session that would discuss his future

By Payroll and Entitlements Editorial Staff

A chemist who received a number of disciplinary notices for violating company policies, including neglect of duty, incompetence or inefficiency, and falsification of documents, signed a last chance agreement, which outlined the charges against him due to his conduct. Because the employer alleged that the claimant’s bad behavior continued after the agreement was signed, he was informed that his termination would be considered at an upcoming executive session. Instead of contesting the termination, the claimant retained an attorney, tendered a resignation letter, and entered into a settlement agreement with the employer. According to the court, the claimant's termination was not a certainty but instead was contingent upon the outcome of the executive session. Thus, his decision to sign the final settlement agreement with the employer was for a personal reason and not for a reason so compelling that the claimant had no choice but to leave. The court found that the claimant had left work voluntarily without good cause attributable to the employer. The denial of benefits was affirmed (Subhash Agrawal v. Bd. of Rev. and Passaic Valley Sewerage Commission, N.J. Super Ct., App. Div. (Unpub. Op.), No. A-4152-17T2, September 18, 2019).

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