Adverse unemployment finding may preclude summary dismissal of NJLAD claim.

Following the plaintiff's termination, she applied for unemployment benefits, and the employer contested her entitlement based upon the argument that she had been discharged for misconduct. The appeal tribunal found for the plaintiff and concluded that no disqualification existed. The plaintiff subsequently filed suit alleging that her termination was a violation of the NJLAD. In reversing the trial court's decision and in denying the defendant's motion for summary judgment, the Appellate Court concluded that a fact issue existed that required resolution by a jury. In reaching this decision, the court noted that its decision was fortified by the appeals tribunal finding which it deemed to be relevant but not conclusive.

Case Law Alert - 1st Qtr 2012