In Which State is a Telecommuter Employed? | Cohn Lifland Pearlman Herrmann & Knopf LLP
Cohn Lifland Pearlman Herrmann & Knopf LLP
Call Today:

In Which State is a Telecommuter Employed?

urban-205986_960_720-768x490.jpgPreeti Gundecha was employed by Deutsche Bank, first in its London office, then in its New York office and finally in its New Jersey office. After taking maternity leave, she moved to North Carolinia and thereafter returned to work, telecommuting to the New Jersey office from her home in North Carolina.

When she was ultimately laid off by the bank, Ms. Gundecha applied to New Jersey for unemployment benefits. However, her claim was denied by the agency, its appeal tribunal and the board of review. She then appealed to the New Jersey Appellate Division, arguing that she was employed by a New Jersey company, was temporarily telecommuting from North Carolina and should be considered a New Jersey employee.

The primary issue before the court was whether Ms. Gundecha's services were "localized" in New Jersey. The court noted that New Jersey has not considered the "localization" requirement in over forty years and that telecommuting did not become common until recently. Therefore, the issue was how the localization rule should be applied to telecommuters, an issue of first impression for New Jersey courts.

Citing a New York decision that addressed the localization issue for telecommuters, the New Jersey court stated that the employee's physical presence was the most practicable, feasible and determinative factor in determining localization. As Ms. Gundecha lives and was physically present in North Carolina while she was providing services to the bank's New Jersey office, her work and employment were localized in North Carolina, and that is the state responsible for her unemployment benefits. The Appellate Division thus affirmed the New Jersey board of review's decision denying her benefits as she was ineligible.

Cohn Lifland Pearlman Herrmann & Knopf LLP has been serving all of New Jersey quality legal services for over 90 years. If you need quality legal support, contact our firm for a consultation.

No Comments

Leave a comment
Comment Information

No Firm In Northern New Jersey Has More Experience Than We Do. Call 201-845-9600 Today To Put Our Knowledge On Your Side.

Email Us For a Response

Contact Northern New Jersey's Premiere Law Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Cohn Lifland Pearlman Herrmann & Knopf LLP
Park 80 West-Plaza One
250 Pehle Avenue
Suite 401
Saddle Brook, NJ 07663

Phone: 201-684-9695
Phone: 201-845-9600
Fax: 201-845-9423
Saddle Brook Law Office Map

Review Us