Employees who contribute a premium from each paycheck to insulate themselves and their families from the loss of a paycheck, have a right to the protection for which they bargained. (Photo: AP)

Baron de Montesquieu once said that for a judge to engage in statutory interpretation “he needs only to open his eyes.” Two recent published Appellate Division opinions suggest otherwise.

The facts in the cases are nearly identical. In McClain v. Board of Review, petitioner was a private school teacher who accepted an offer of employment at another school, to begin within seven days. The day after she quit, the new job offer was rescinded. She could not get her old job back and applied for unemployment benefits, which were denied.

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