SENATE LABOR COMMITTEE
STATEMENT TO
SENATE, No. 2852
with committee amendments
STATE OF NEW JERSEY
DATED: DECEMBER 5, 2024
The Senate Labor Committee reports favorably and with committee amendments Senate Bill No. 2852.
This bill permits an employee to receive unemployment benefits if the employee leaves employment upon receipt of an offer of employment from another employer, but the offer is rescinded through no fault of the employee. The bill also, for purposes of benefit eligibility, increases the maximum time period between when the employee leaves work and when the subsequent work is scheduled to commence from seven days to 10 days.
The purpose of this bill is to codify into statute the holdings of the court in McClain v. Bd. of Review, Dep't of Labor, 237 N.J. 445 (2019). In that case, the court held that an employee who leaves one job to take another job, but, through no fault of the employee, has the offer of employment rescinded before the employment begins, is entitled to unemployment benefits.