N.J. Supreme Court: Strikers may be entitled to unemployment

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in Discrimination and Harassment,Employee Benefits Program,Employment Law,Human Resources

by Patrick W. McGovern and Gina M. Schneider, Esqs.

The New Jersey Supreme Court recently held that an employer that continues to provide all or substantially all of its services during a strike will be hard-pressed to oppose its striking employees’ applications for unemployment benefits. That’s true even if the strike results in significant losses in revenue and profits.

In Lourdes Medical Center of Burlington County v. Board of Review, the court held that the hospital’s striking nurses were entitled to unemployment benefits because the medical center managed to maintain its normal level of patient care services during the strike.

The court held that the medical center’s financial strain wasn’t enough to satisfy the “stoppage of work” requirement in the labor dispute exception of New Jersey’s unemployment benefits statute. Since Lourdes continued to provide full services to the public, kept patient census up and n...(register to read more)

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