Legal Opinion

O'Lone v. Department of Human Services

New Jersey Superior Court Appellate Division

Decided January 28, 2003PublishedCited by 6 opinions

1Opinion of the Court

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

The issue presented by this appeal is whether the Merit System Board (Board) may deny a back pay claim by a career service employee whose removal from his position was reduced to a suspension, based solely on the employee’s failure to seek substitute employment during the period of separation from public service, without considering the availability of such employment. *174We conclude that under its current rules the Board may not deny a claim for back pay for the period following a suspension solely on the ground that the employee failed…

2Cases cited8 opinions

  1. Jackson v. Concord CompanySupreme Court of New Jersey · 1969
  2. Goodman v. London Metals Exchange, Inc.Supreme Court of New Jersey · 1981
  3. Leatch Booker, Iii v. Taylor Milk Company, Inc.Court of Appeals for the Third Circuit · 1995
  4. Power v. United StatesUnited States Court of Claims · 1979
  5. DelRossi v. DHSNew Jersey Superior Court Appellate Division · 1992

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3Cited by6 opinions

  1. Quinlan v. Curtiss-Wright Corp.New Jersey Superior Court Appellate Division · 2012
  2. In Re HearnNew Jersey Superior Court Appellate Division · 2010
  3. Grasso v. West New York Board of EducationNew Jersey Superior Court Appellate Division · 2003
  4. Grasso v. WEST NEW YORK BD. OF EDUC.New Jersey Superior Court Appellate Division · 2003
  5. George Willekes v. Serengeti Trading CompanyCourt of Appeals for the Third Circuit · 2019

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