Evancho v. Director of the Division of Employment Security

The plaintiff was discharged from her position as assistant marketing manager at an insurance agency on or about May 17, 1976. A few days later she filed a claim for unemployment benefits with the Division of Employment Security (division). On June 6, 1976, she was engaged as a real estate salesperson by a realty company, where she worked about fifteen to twenty hours a week on a commission basis. She made no sales, and thus received no commissions.

The plaintiff’s claim for unemployment benefits was denied by the division.1 The decision to deny benefits was upheld after hearing by a review…