Carlos E. Mendez v. Board of Review

── Carlos E. Mendez v. Board of Review ── Court: New Jersey Superior Court Appellate Division Date: May 15, 2026 Category: General NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1950-24 CARLOS E. MENDEZ, Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR, and CREAM O LAND DAIRY, INC., Respondents. __________________________ Argued May 5, 2026 – Decided May 15, 2026 Before Judges Rose and Torregrossa-O'Connor. On appeal from the Board of Review, Division of Unemployment Insurance, Department of Labor and Workforce Development, Docket No. 330683. Carlos E. Mendez, appellant, argued the cause on appellant's behalf. Courtney Babb, Deputy Attorney General, argued the cause for respondent Board of Review (Jennifer Davenport, Attorney General, attorney; Christopher  Weber, Assistant Attorney General, of counsel; Gina M. Labrecque, Deputy Attorney General, on the brief). PER CURIAM Claimant Carlos E. Mendez appeals from a January 3, 2025 final decision of the Board of Review, disqualifying him from unemployment benefits under N.J.S.A. 43:21-5(a) because he left his job without good cause attributable to the work. We affirm. I. We summarize the pertinent facts and events from the record before the Board. From August 25, 2017 to February 28, 2023, Mendez was employed as a truck driver for Cream O Land Dairy, Inc. On February 26, 2023, Mendez filed a claim for unemployment benefits. On March 23, 2023, the Deputy Director of the Division of Unemployment Insurance disqualified Mendez from receiving unemployment benefits because he left his work voluntarily without good cause attributable to the work. On March 30, 2023, Mendez appealed the Deputy's decision to the Appeal Tribunal. On January 31, 2024, the Tribunal conducted a telephonic hearing, during which Mendez was represented by counsel and testified on his own behalf, without the assistance of a Spanish-speaking interpreter. The employer presented the testimony of: human resources manager, Daviani Cordero; A-1950-24 2 operations manager, Emanuel Caravano; union representative, Jeremiah Rice; and vice president of operations, Scott Stoner. Mendez testified Caravano terminated him on February 28, 2023 after Mendez questioned a large amount of tax deducted from his paycheck for vacation time. When Mendez requested Caravano correct the issue, Caravano "got mad," told Mendez he "ha[d] to resign," and attempted to have him sign a resignation letter. Mendez refused to sign the letter. That day, Mendez called Rice advising Caravano terminated him. Rice then contacted Stoner and arranged for Mendez to work on March 1, 2023. After working his route on March 1, Mendez spoke with Rice in the parking lot and requested a personal day for March 2. When Mendez returned to work on March 3, 2023, he was unable to access the building and was told to speak with Caravano. Instead, Mendez contacted Rice. At the hearing, Mendez described a 2022 incident when he was terminated and later reinstated, which gave him hope he could keep his job this time. Caravano testified, "Mendez asked to get paid out [for] his vacations because he needed the money." The employer