Christopher T. Paprzycki v. Board of Review
CourtNew Jersey Superior Court Appellate Division
Date FiledOctober 27, 2026
DocketA-0089-25
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
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SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0089-25
CHRISTOPHER T. PAPRZYCKI,
Appellant,
v.
BOARD OF REVIEW,
DEPARTMENT OF LABOR AND
WORKFORCE DEVELOPMENT,
and BURKE BROTHERS, INC.,
Respondents.
______________________________
Submitted October 6, 2026 – Decided October 27, 2026
Before Judges Gummer and DeAngelis.
On appeal from the Board of Review, Division of
Unemployment Insurance, Department of Labor and
Workforce Development, Docket No. 365006.
Christopher T. Paprzycki, self-represented appellant.
Jennifer Davenport, Attorney General, attorney for
respondent Board of Review (Sookie Bae-Park,
Assistant Attorney General, of counsel; Fatima
Abdelsalam, Deputy Attorney General, on the brief).
PER CURIAM
Christopher Paprzycki appeals from the July 30, 2025 denial of his
unemployment-benefits claim appeal by the Board of Review. Based upon the
applicable standard of review, we affirm.
I.
Paprzycki worked as a new car salesman at Burke Brothers from July 17,
2021 through September 28, 2023. In the summer of 2023, Paprzycki realized
that he was having substance abuse issues. He stopped working on September
28, 2023, and entered a substance abuse rehabilitation program on October 23,
2023.
From September 28, 2023 through October 23, 2023, Paprzycki was on
temporary disability and his employer kept his position available. Thereafter,
Paprzycki took medical leave under the Family Medical Leave Act (FMLA)
from October 23, 2023 through January 18, 2024.
Paprzycki's FMLA leave ended on January 18, 2024, and his position
remained open until his employment was terminated on January 29, 2024.
Paprzycki did not contact his employer after January 18, 2024. Not hearing from
Paprzycki, his employer, on January 30, 2024, sent a January 29, 2024
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termination letter by certified mail and regular mail to Paprzycki's last known
address.
Paprzycki filed an unemployment-benefits claim on February 4, 2024. On
February 21, 2024, a Deputy of the Division of Unemployment issued a decision
holding Paprzycki was disqualified for benefits on the ground that he left work
voluntarily without good cause attributable to the work. Paprzycki appealed the
Deputy's determination to the Appeal Tribunal.
The Appeal Tribunal conducted a telephonic hearing on June 27, 2024.
Paprzycki and Monica Lupi, his employer's representative, testified before the
Appeal Tribunal. Paprzycki testified that in 2023 he started to go through a
"rough road" with problems at home and substance-abuse issues, which caused
him to stop working on September 28, 2023. Paprzycki entered a rehabilitation
program on October 23, 2023. Paprzycki explained that he initially took
temporary disability and then FMLA leave after he had entered the rehabilitation
facility.
Paprzycki admitted that his employer had kept his position open for about
a week after his FMLA leave ended. He testified he was having housing
instability issues and did not have a cell phone, so he did not contact his
employer after his FMLA leave was completed.
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Lupi testified consistent with the timeline provided by Paprzycki. Lupi
testified the employer understood Paprzycki was "going through hard times,"
had asked the rehabilitation facility to complete some FMLA paperwork, and
had placed him on leave pursuant to the FMLA. Lupi noted that even though
Paprzycki was not paying his portion of his health-insurance premium during
his FMLA leave, the employer maintained his health insurance. Lupi further
testified the employer understood Paprzycki's circumstances and sought to work
with him but at the same time had business operations to maintain.
Lupi maintained that after January 18, 2024, the employer and some of
Paprzycki's co-workers attempted to reach him to discuss the situation.
However, no one was able to contact Paprzycki.
Lupi testified the termination letter was sent by certified mail and regular
mail. The regular mail was not returned, but the certified mail was returned as
unclaimed. Lupi further testified with respect to the contents of the termination
letter and how it explained Paprzycki had exhausted his leave provided under
state and federal law, as well as company policy. The termination letter further
provided information regarding his date of termination and his COBRA
eligibility.
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On June 27, 2024, the Appeal Tribunal mailed its decision to the parties.
The Appeal Tribunal held Paprzycki's failure to return to work or contact his
employer after the expiration of his FMLA leave constituted job abandonment
under N.J.A.C. 12:17-9.11(a). The Appeal Tribunal further held that Paprzycki
was disqualified for benefits as of January 14, 2024 under N.J.S.A. 43:21 -5(a),
as Paprzycki had left work voluntarily without good cause attributable to such
work.
Paprzycki filed a timely appeal with the Board. On July 30, 2025, the
Board mailed its decision affirming the Appeal Tribunal's decision. The Board
held that Paprzycki "was given a full and impartial hearing and a complete
opportunity to offer any and all evidence, there is no valid ground for a further
hearing. On the basis of the record below, we agree with the decision reached."
On appeal, Paprzycki argues he was constructively discharged by his
employer and the findings of fact made by the Board and by the Appeal Tribunal
were erroneous and insufficient. Paprzycki further argues that they should have
evaluated his claims under N.J.A.C. 12:17-9.3(c) (voluntary leaving for health
or medical reasons), rather than N.J.A.C. 12:17-9.11(a) (job abandonment).
Paprzycki claims his inability to make phone calls while at the rehabilitation
center and his personal issues after release from the program, without any
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contact from his employer, demonstrated his employer failed to comply with the
interactive process or conduct a hardship analysis. Thus, he claims he was
wrongfully terminated.
The Board asserts the facts established Paprzycki was not constructively
discharged and that Paprzycki voluntarily failed to return to work after he had
taken temporary disability leave, followed by FMLA leave. In addition, the
Board contends the record reflects that after expiration of his FMLA leave,
Paprzycki's employer kept his position open and maintained his health insurance
and that Paprzycki did not make any effort to contact his employer after
completing his inpatient rehabilitation program. As a result of Paprzycki's
failure to contact his employer and return to work, the Board maintains
Paprzycki had left work voluntarily without good cause attributable to his work.
II.
Our review of agency determinations is deferential and quite limited, due
in large part to its "technical expertise, its superior knowledge of the subject
matter area, and its fact-finding role[.]" Messick v. Bd. of Rev., 420 N.J. Super.
321, 325 (App. Div. 2011). We "will not overturn a final decision of an
administrative agency absent a showing that it was arbitrary, capricious or
unreasonable, or that it lacked fair support in the evidence, or that it violated
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legislative policies expressed or implicit in the act governing the agency."
Renan Realty Corp. v. State, Dep't of Cmty. Affs., Bureau of Hous. Insp., 182
N.J. Super. 415, 419 (App. Div. 1981). Furthermore, in reviewing findings of
fact made during an unemployment-benefits proceeding, "the test is not whether
an appellate court would come to the same conclusion if the original
determination was its to make, but rather whether the factfinder could
reasonably so conclude upon the proofs." Brady v. Bd. of Rev., 152 N.J. 197,
210 (1997) (quoting Charatan v. Bd. of Rev., 200 N.J. Super. 74, 79 (App. Div.
1985)). Where the Board's determination is supported by substantial credible
evidence, we may not substitute our conclusions for the agency's determinations,
even if we would have reached a different result. Ibid.
III.
The Appeal Tribunal's decision rested on its review of N.J.A.C. 12:17-
9.11(a) and N.J.S.A. 43:21-5(a). N.J.A.C. 12:17-9.11(a) provides as follows:
An employee who is absent from work for five or more
consecutive work days and without good cause fails to
notify the employer of the reasons for his or her absence
shall be considered to have abandoned his or her
employment. Such job abandonment shall subject the
employee to disqualification for benefits for voluntarily
leaving work without good cause attributable to such
work. For purposes of this section good cause means
any situation over which the claimant did not have
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control and which was so compelling as to prevent the
employee from notifying the employer of the absence.
N.J.S.A. 43:21-5(a) provides, in pertinent part, as follows:
An individual shall be disqualified for benefits:
(a) For the week in which the individual
has left work voluntarily without good
cause attributable to such work, and for
each week thereafter until the individual
becomes reemployed and works eight
weeks in employment, which may include
employment for the federal government,
and has earned in employment at least ten
times the individual's weekly benefit rate,
as determined in each case.
Here, the Appeal Tribunal determined Paprzycki voluntarily abandoned
his employment. The hearing record supports the Appeal Tribunal's findings.
Paprzycki did not dispute that, after his release from the rehabilitation center,
he made no efforts to contact his employer in person or by phone. Paprzycki's
claim that he no longer had a cell phone is unavailing as Paprzycki provided no
testimony showing he made any effort to contact his employer. Nothing in the
record demonstrates that the Board acted arbitrarily, capriciously, or
unreasonably. Moreover, the decision is fully supported by the record
developed by the Appeal Tribunal.
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In addition, there is no evidence in the record to support a finding of
constructive discharge. To the contrary, the record shows that Paprzycki 's
employer granted Paprzycki FMLA leave after contacting the rehabilitation
center, and continued to pay Paprzycki's health-insurance premiums during the
leave, even though Paprzycki was responsible for those premiums. The Board's
decision is supported by substantial credible evidence.
Finally, we reject Paprzycki's argument that the Board should have
considered his claim under N.J.A.C. 12:17-9.3(c), which addresses employee
absence due to illness or mental condition. N.J.A.C. 12:17-9.3(c) states:
Notwithstanding (b) above, an individual who has been
absent because of a personal illness or physical and/or
mental condition shall not be subject to disqualification
for voluntarily leaving work if the individual has made
a reasonable effort to preserve his or her employment,
but has still been terminated by the employer. A
reasonable effort is evidenced by the employee's
notification to the employer, requesting a leave of
absence or having taken other steps to protect his or her
employment.
[Ibid.]
We consider the totality of circumstances, including whether the claimant
engaged in voluntary acts resulting in the absence, whether he actively tried to
keep the job, and the length of the absence. Haley v. Bd. of Rev., 245 N.J. 511,
523 (2021). Further, we do not treat an employee absent because of illness as
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having voluntarily left work if he took steps reasonably calculated to preserve
his employment. DeLorenzo v. Bd. of Rev., 54 N.J. 361, 364 (1969).
In his merits brief, Paprzycki references and purportedly quotes from a
January 18, 2024 letter from the rehabilitation facility to the employer stating
he had been "discharged successfully" from the facility that day and would
continue with outpatient treatment. Nothing in the record indicates Paprzycki
had submitted a copy of that letter to the Appeal Tribunal or Board or testified
about it at the hearing. See J.K. v. N.J. State Parole Bd., 247 N.J. 120, 138 n.6
(2021) (finding "our appellate courts will decline to consider questions or issues
not properly presented to the trial court when an opportunity for such a
presentation is available" (quoting State v. Robinson, 200 N.J. 1, 20 (2009))).
Moreover, that letter does not demonstrate Paprzycki made an effort to contact
his employer or otherwise preserve his employment after his FMLA leave ended
on January 18, 2024.
Accordingly, we affirm the Board's June 30, 2025 decision affirming the
Appeal Tribunal's denial of Paprzycki's application for unemployment benefits.
Affirmed.
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