News & Information

CCH® UNEMPLOYMENT INSURANCE — 4/10/15

Certification from former divorce attorney sufficient to prove domestic violence in unemployment insurance case

A claimant, who quit work for reasons relating to domestic violence, was entitled to present evidence from her former divorce attorney certifying the domestic violence. The statute identifies six categories of evidence that suffice as proof of victimization, including documentation or certification from various professionals who have assisted the individual in dealing with the domestic violence. In this case, the claimant’s divorce attorney was qualified to provide such documentation since he had assisted her in dealing with multiple acts of domestic violence. Because the attorney’s letter was not in the form of a certification, the court allowed the claimant, on remand, to provide a certification by her attorney instead of the unsworn letter he had already submitted. Alternatively, the claimant could submit writings provided by her attorney and created during his representation, if they documented the domestic violence. Further, the court ruled that the connection between domestic violence and a separation from work may be indirect as long as being a domestic violence victim resulted in circumstances that were a substantial factor in causing a claimant’s decision to resign. The court ordered the Board to use this standard on remand. Accordingly, the Board’s decision to deny benefits was reversed and remanded (L.C. v. Bd. of Rev., N.J. Super. Ct., App. Div., No. A-5997-12T2, March 16, 2015).