N.J. Admin. Code § 12:17-10.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 12:17-10.1 - Disqualification for misconduct connected with the work-general principles

(a) An individual shall be disqualified for benefits for the week in which the individual has been suspended or discharged for misconduct connected with the work, and for the five weeks that immediately follow that week. (See N.J.S.A. 43:21-5(b)).

(b) If the individual's discharge was for gross misconduct connected with the work because he or she committed an act punishable as a crime of the first, second, third or fourth degree under the "New Jersey Code of Criminal Justice," 2C:1-1 et seq., the individual shall be disqualified for benefits for the week in which he or she was discharged and for each week thereafter until the individual becomes reemployed and works four weeks in employment and has earned at least six times the individual's weekly benefit rate. The individual will have no benefit rights based upon wages from that employer for services rendered prior to the day upon which he or she was discharged.

(c) If the individual's discharge was for gross misconduct connected with the work because he or she committed an act punishable as a crime of the first, second, third, or fourth degree under the New Jersey Code of Criminal Justice, 2C:1-1et seq., the individual shall be disqualified for benefits for the week in which he or she was discharged and for each week thereafter until the individual becomes reemployed and works eight weeks in employment and has earned at least 10 times the individual's weekly benefit rate. The individual will have no benefit rights based upon wages from that employer for services rendered prior to the day upon which he or she was discharged.

(d) An individual who is suspended for gross misconduct connected with the work shall be disqualified for benefits in the same manner as an individual who has been finally discharged for gross misconduct connected with the work.

(e) To sustain disqualification under this section, 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. However, in the case of gross misconduct, the following apply:

1. Where an employer provides sufficient evidence to establish that a claimant was discharged for gross misconduct connected with the work, prosecution or conviction shall not be required to sustain that the claimant has engaged in gross misconduct.

2. If an individual has been convicted of a crime of the first, second, third, or fourth degree under the New Jersey Code of Criminal Justice, 2C:1-1et seq., in a court of competent jurisdiction, such conviction shall be conclusive as to a finding of gross misconduct.

(f) Nothing within this subchapter shall be construed to interfere with the exercise of rights protected under the National Labor Relations Act, 29 U.S.C. §§ 151 et seq., or the New Jersey Employer-Employee Relations Act, P.L. 1941, c. 100 (N.J.S.A. 34:13A-1et seq.).

N.J. Admin. Code § 12:17-10.1

Amended by 47 N.J.R. 1009(a), effective 5/18/2015.

Administrative Change, 47 N.J.R. 2380(a).

Amended by 52 N.J.R. 473(a), effective 3/2/2020