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No unemployment after quitting to take job that never happened

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in Employee Benefits Program

Employees who lose their jobs through no fault of their own are generally en­­titled to unemployment compensation benefits. But if an employee simply re­­­­­­­signs from one job to take a better one that never materializes, he can’t collect.

Recent case: Anthony Noce quit his job with Flagship Resort De­­vel­op­ment Co. for a better paying one at a construction company. Before starting work, he had a disagreement with the new employer and never began work. When he ran out of savings, he applied for unemployment compensation.

But a court said he wasn’t eligible because he quit his old job voluntarily and never started the new one. To be eligible, he would have had to have worked for the new company and then lost that job through no fault of his own. (Noce v. Board of Review, et al., No. A-6274-09-T1, Superior Court of New Jersey, 2011)

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