Baron de Montesquieu once said that for a judge to engage instatutory interpretation “he needs only to open his eyes.” Tworecent published Appellate Division opinions suggest otherwise.

The facts in the cases are nearly identical. In McClainv. Board of Review, petitioner was a private school teacherwho accepted an offer of employment at another school, to beginwithin seven days. The day after she quit, the new job offer wasrescinded. She could not get her old job back and applied forunemployment benefits, which were denied.

In Blake v. Board of Review, petitioner, a workerat a health care facility, quit her job to accept an offer at adifferent facility. Two days before her new job was scheduled tostart, the offer was rescinded. Blake unsuccessfully tried to gether old job back. She sought unemployment benefits, which were denied.

Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.

  • Critical BenefitsPRO information including cutting edge post-reform success strategies, access to educational webcasts and videos, resources from industry leaders, and informative Newsletters.
  • Exclusive discounts on ALM, BenefitsPRO magazine and BenefitsPRO.com events
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.