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Unemployment Compensation Determinations Have No Collateral Estoppel Effect in Employment Lawsuits
Jul 06,2006
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Filed under:
Evidence
,
Collateral Estoppel
By
Wong Fleming
Olivieri v. Y.M.F. Carpet, Inc.
, 186 N.J. 511 (May 17, 2006).
The New Jersey Supreme Court held that an unemployment compensation determination that Plaintiff did not voluntarily leave her job did not have collateral estoppel effect in an action brought under New Jersey’s Conscientious Employee Protection Act (“CEPA”), and therefore the employer was not precluded from claiming in the CEPA action that the employee voluntarily left her employment. (Collateral estoppel results when a final decision in one matter prevents a party to the matter from relitigating the issue – bringing it up for debate during trial – in a different matter; in other words, the decision made in the first matter settles the issue.)
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