Unemployment determination - Need clarification (for rent, insurance, eviction)

[halfdead]

I will try to be as concise as possible, here goes.

I have been employed consecutively for the last 10 years and spent the last 3-1/2 with an employer in NJ. I then found a job much closer to home which I accepted. After accepting the position and starting my employment, my employer gave me a pre-employment drug test on my 3rd day at work. I subsequently failed and was terminated a week and a half later. I then filed a claim for unemployment. After getting the run around from the unemployment office for awhile I had my telephone examination last week and got my determination today. The problem is I got two letters one pertaining to each employer, let me explain.

The first letter was about my employer for the last 3-1/2 years, and it said: Since my reason for leaving was personal (took a new job) that I was disqualified because I had not earned at least 10 times my benefit rate in at least 8 weeks with my subsequent employer.

The second letter was about my most recent employer who terminated me for failing the drug test (marijuana), and it said: I am disqualified for benefits from 11/7/10 to 1/1/11. It was determined that I was terminated for simple misconduct.

My question is, which letter takes precedent here? Am I required to work for 8 weeks and earn 10 times my benefit rate at my most recent employer (for which I only worked for 3 weeks before being terminated)? Or am I going to be eligible for benefits from 1/2/11 forward?

I want to file an appeal but I am confused and not sure what I would be appealing. This has been absolutely devastating to me financially. I have been a key contributor at work and hard worker all of my life. I have been frantically looking for a job but haven't had any luck yet. I am trying hard to stay positive and stay focused on getting another job. I have never collected unemployment in my 20 years of working but unemployment insurance might mean I could avoid eviction in the near future. Any insight or advice would be appreciated. Thanks.

Maybe this wasn't so concise.

[charlesbarkley]

so what drugs were you on?

[Tjny]

He said MJ. I'm sorry this happened to you but at the same time, it's not fair to the rest of our who do not use illegal drugs and have to make up for the slack that stoners leave behind at work.

Are you high right now? Geez, they are telling you that you do not qualify and hope that stint doesn't get you blackballed as a junkie.

Good Luck.

[charlesbarkley]

yeah, sorry bro if youve been working so long, than you should know better than to smoke that early on in your job. you ****ed up and now you gotta live with it.

[halfdead]

Originally Posted by Tjny

He said MJ. I'm sorry this happened to you but at the same time, it's not fair to the rest of our who do not use illegal drugs and have to make up for the slack that stoners leave behind at work.

Are you high right now? Geez, they are telling you that you do not qualify and hope that stint doesn't get you blackballed as a junkie.

Good Luck.

I don't appreciate you implying that I might be some kind of slacker. I pay more taxes than 80% of the population so I hope that's not what you intended. I also did not appreciate you asking me if I was high right now. What relevance does that have to my post? You can get off of your soap box now. I know what I did wrong. You're ignorance is nauseating.

Good Luck

[blackandproud]

Originally Posted by halfdead

I will try to be as concise as possible, here goes.

I have been employed consecutively for the last 10 years and spent the last 3-1/2 with an employer in NJ. I then found a job much closer to home which I accepted. After accepting the position and starting my employment, my employer gave me a pre-employment drug test on my 3rd day at work. I subsequently failed and was terminated a week and a half later. I then filed a claim for unemployment. After getting the run around from the unemployment office for awhile I had my telephone examination last week and got my determination today. The problem is I got two letters one pertaining to each employer, let me explain.

The first letter was about my employer for the last 3-1/2 years, and it said: Since my reason for leaving was personal (took a new job) that I was disqualified because I had not earned at least 10 times my benefit rate in at least 8 weeks with my subsequent employer.

The second letter was about my most recent employer who terminated me for failing the drug test (marijuana), and it said: I am disqualified for benefits from 11/7/10 to 1/1/11. It was determined that I was terminated for simple misconduct.

My question is, which letter takes precedent here? Am I required to work for 8 weeks and earn 10 times my benefit rate at my most recent employer (for which I only worked for 3 weeks before being terminated)? Or am I going to be eligible for benefits from 1/2/11 forward?

I want to file an appeal but I am confused and not sure what I would be appealing. This has been absolutely devastating to me financially. I have been a key contributor at work and hard worker all of my life. I have been frantically looking for a job but haven't had any luck yet. I am trying hard to stay positive and stay focused on getting another job. I have never collected unemployment in my 20 years of working but unemployment insurance might mean I could avoid eviction in the near future. Any insight or advice would be appreciated. Thanks.

Maybe this wasn't so concise.

There is not other way to state this....but your SOL.....

It would have been different if they found alcohol in your system, but you tested positive for a illegal substance. Did you know that this company performed random drug tests? If so, you took a gamble by using. If you did not know, something must have triggered the company to request one.

Most of New Jersey companies are "at will" companies. I will recommend looking for new work, but do not put this company down as a place of employment.

Good Luck, but the repeal will most definitely be denied.

[HalfFull]

Unfortunately, I agree that you probably are out of luck. You seem to understand the mistake, so best of luck in recovering -- any chance your old employer might take you back?

Those intial months at a new job are tricky; don't know the law, but often you are basically a probationary employee so its easier for them to dump you if they feel that an error was made in hiring.

[Lady Rahrah]

I think that you are out of luck.

1. You voluntarily resigned the first job. Usually to qualify for unemployment you must be downsized or laid off.

2. You were terminated from the second job because you failed a drug test. Since you don't seem to be disputing the test results you must have done taken an illegal substance.

I feel for you. I am currently unemployed and don't qualify for unemployment and I didn't fail any drug tests. My situation is complicated so I won't get into it here.

I finally had to cash out my 401K from my previous employee. I only recommend doing this if you're desperate for cash to pay for rent or food (I would have been homeless if I hadn't). The tax ramifications are enormous, and I've lost whatever retirement savings I had, but I had no money to buy food and only 5 cents in the bank! Yes, only a nickel. Really.

So I screwed up by not saving more money while I was still employed. We all make mistakes.

Many employers require drug tests now. Next time you'll know better. And if you have a problem with drugs, please get help now.

[shutz1012]

Lots of employers don't drug test due to the high cost of the tests. I know most say they do, but they really don't. I used to work for a company that stopped drug testing because they spent way too much on the testing and nobody ever came back positive, so they felt they were wasting their money....but they still advertise that they do the testing.......

[bradykp]

yes, he's probably SOL, and yes, he "screwed" up...but this is just another example to me of the stupidity of MJ being illegal. what a shame. good luck to the OP.