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DIANE JANKOWSKI VS. BOARD OF REVIEW (BOARD OF REVIEW, DEPARTMENT OF LABOR)

NJSUPERCTAPPDIVMay 11, 2020No. A-1050-18T4
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Case Details

Status — whether other courts must follow this ruling
Unpublished
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The Board of Review's decision denying unemployment benefits was affirmed. Jankowski left her employment voluntarily without good cause attributable to her work, as she failed to prove her employer was actually non-compliant with nursing regulations and the Board of Nursing did not corroborate her concerns.

What This Ruling Means

**What Happened** Diane Jankowski worked for Senior Care of South Jersey, a nursing facility. She quit her job claiming that her employer was violating nursing regulations, which she believed made her workplace unsafe or improper. After quitting, she applied for unemployment benefits, arguing she had "good cause" to leave because of these workplace violations. **What the Court Decided** The court upheld the Board of Review's decision to deny Jankowski unemployment benefits. The court found that she voluntarily quit without good cause related to her work. Crucially, Jankowski could not prove that her employer was actually violating nursing regulations. The Board of Nursing, which oversees these regulations, did not support her claims about workplace violations. **Why This Matters for Workers** This case shows that workers who quit and seek unemployment benefits must provide solid proof when claiming their employer violated laws or regulations. Simply believing or suspecting violations isn't enough – you need evidence that regulatory agencies will back up. Workers considering quitting due to workplace safety or legal concerns should document issues thoroughly and potentially report them to relevant agencies before leaving their job.

This summary was generated to explain the ruling in plain English and is not legal advice.

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