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I have a couple questions and need any advice to help please. First question is i had to quit a job that was 35 miles away because I no longer had a ride to work, do you think this would fall into an exception, or would it still be i am screwed. Second is, is there anything a person could do to make the truth come out, my old employer hired me to be a roofer but it was late in the season, so when the time came to where they had to make a choice, the old employer told all lies, and now a result my benefits are being held ransom, plz help all advice is helpful ty.
Unfortunately, you did quit, even though you IMO had a valid reason for doing so. Don't think there is any getting around it.
Believe me, employers lie to UI all the time so as to get out of paying their share. And they do not get "punished" or investigated for doing it. But just let a claimant make an honest mistake and they are immediately set upon and made to repay or else have benefits cut off.
One of my hubby's employers at the time tried to say that he quit. Even though he proved to UI that he didn't, the state then asked for a refund of $1900 because he did not make at least $2100, I think, 3 weeks last January from a new employer that he had added to his list of contract agencies (he's a nurse). What was he supposed to do--refuse work from a new employer? So he was caught in the middle.
Since a lawyer told him it would cost $750 to pursue this and he had little chance of winning, it was easier just to let it be. But NJ will try to stop or recoup benefits on the nuttiest of pretexts, and employers will continue to be allowed to lie and get away with it. The State will always side with the employer if given half a chance.
I worked for a company for four years, the doctor that owns it lied to the appeals, he did not get me his letters he intended to submit to the appeal board, until after my appeal was over! I told the appeal lady i didnt think he should be allowed to use those letters, she overroad me and let him (does she know this person personally?), so I submitted yet another letter to the board of review. This doctor lied, he stated he never screamed at me that i just have a complex and was beligerant, i did not get to this state until after he was screaming at me, stupid idiot, im only trying to claim a month of benefits.... if the workforce services know of him by name then why deny me?
I worked for a company for four years, the doctor that owns it lied to the appeals, he did not get me his letters he intended to submit to the appeal board, until after my appeal was over! I told the appeal lady i didnt think he should be allowed to use those letters, she overroad me and let him (does she know this person personally?), so I submitted yet another letter to the board of review. This doctor lied, he stated he never screamed at me that i just have a complex and was beligerant, i did not get to this state until after he was screaming at me, stupid idiot, im only trying to claim a month of benefits.... if the workforce services know of him by name then why deny me?
This is what I mean--the employer is ALWAYS right, even when they are WRONG. My husband wasn't the only one whom his agency tried to screw up--yet time and again employers get away with lying and no action is ever taken against them.
The lawyer whom we thought was going to represent us (and backed out at the last saying we probably wouldn't win) said not to bad mouth an employer at a hearing. That UI doesn't like to hear stuff like that. WHY NOT?? UI should know what liars they are dealing with. I think it's obvious that the claimant is already pre-judged.
At the appeal hearing, the ex-employer making all the trouble for my hubby couldn't be on the phone (it was supposed to be a conference call) because she was "busy". Yeah, right. She knew she was lying and didn't have the guts to confront him in real time. If hubby wasn't ready for the phone call at the time it was scheduled what do you think they would have done to him???
Does anyone know of any employer who was sanctioned by UI for lying? I doubt it...
I see a lot of helpful tips in this board and wanted to say my part of ongoing story, I was discharged from my job for ''misconduct'', I mishandled a call properly and did not send a client a call tag for a duplicate shipment they received in fault by warehouse. My job duty (which i have done before) is to send them a UPS pick up, My job was very stressful as i stated to my manager when he overheard the call and i apologized to him and advised i did make a mistake on that call and told him my day has been frustrating. In the call i told the client to hold the product till warehouse does inventory check and at that point they would receive a call/email informing to return the product. Otherwise leave as is i told client. The company fired me because i did not handle the call properly and i would have caused a loss to the company if they did not overhear the call. My job is very stressful angry clients calling in all the time and they do not give us a break only lunch break as you can see dealing a lot with angry clients why mistakes happen like this one. The company has written me up for sales performance but never for this same reason nor not following managerial instructions at all i always did my job correctly for 4 years with no problem.
The company after several months appealed my benefits and a hearing was made. The Employer kept saying i was not following managerial instructions that is why i was terminated. The hearing officer asked the employer was i ever written up for this same problem and they replied he was written up for not following managerial instructions which is transferring a client to a third party company and they pay incentives per transfer. Basically i was written up for not transferring the call it is at no given point not following managerial instructions to my expectation and y reply was i never agreed the client would gain anything that is why i did not transfer. All said and done the hearing officer reversed my benefits, I appealed the hearing officer and then received notice i was denied and must pay back. I am in the process of re-appealing their decision and they claim another hearing will be made.
My question is how many appeals can i file before this goes to court and also will the employer pursue this far to deny benefits. Also company policy clearly states a employee is given verbal warning, Write up, Suspension then termination i was never given any of these for what my mistake on that call was or not following managerial instructions. I believe i was discharged because i was not meeting their performance they expected. Any tips and advise will be appreciated and on this upcoming hearing any advise will be appreciated.
Thank you
PS: Should the company have perhaps brought this to my attention and i correct or, or provide me a verbal or written warning or maybe suspension on a mistake i have made. Termination was a bit harsh, yes i do see their side of story saying we can't have this employee here taking a risk on another company loss. Also i never signed any written warning nor when i was terminated i never signed any papers. I was discharged from the company by the manager calling me and basically telling me we are processing your termination papers.
I see a lot of helpful tips in this board and wanted to say my part of ongoing story, I was discharged from my job for ''misconduct'', I mishandled a call properly and did not send a client a call tag for a duplicate shipment they received in fault by warehouse. My job duty (which i have done before) is to send them a UPS pick up, My job was very stressful as i stated to my manager when he overheard the call and i apologized to him and advised i did make a mistake on that call and told him my day has been frustrating. In the call i told the client to hold the product till warehouse does inventory check and at that point they would receive a call/email informing to return the product. Otherwise leave as is i told client. The company fired me because i did not handle the call properly and i would have caused a loss to the company if they did not overhear the call. My job is very stressful angry clients calling in all the time and they do not give us a break only lunch break as you can see dealing a lot with angry clients why mistakes happen like this one. The company has written me up for sales performance but never for this same reason nor not following managerial instructions at all i always did my job correctly for 4 years with no problem.
The company after several months appealed my benefits and a hearing was made. The Employer kept saying i was not following managerial instructions that is why i was terminated. The hearing officer asked the employer was i ever written up for this same problem and they replied he was written up for not following managerial instructions which is transferring a client to a third party company and they pay incentives per transfer. Basically i was written up for not transferring the call it is at no given point not following managerial instructions to my expectation and y reply was i never agreed the client would gain anything that is why i did not transfer. All said and done the hearing officer reversed my benefits, I appealed the hearing officer and then received notice i was denied and must pay back. I am in the process of re-appealing their decision and they claim another hearing will be made.
My question is how many appeals can i file before this goes to court and also will the employer pursue this far to deny benefits. Also company policy clearly states a employee is given verbal warning, Write up, Suspension then termination i was never given any of these for what my mistake on that call was or not following managerial instructions. I believe i was discharged because i was not meeting their performance they expected. Any tips and advise will be appreciated and on this upcoming hearing any advise will be appreciated.
Thank you
When you appeal again you need to be clear by stating just that. The company NEVER wrote you up or you've never received or signed any of these write ups. This really isn't difficult. If the appeals case manager is only going by the word of the company, you need to request proof of the documentation.
Thank you for the quick reply, The hearing officer did bring that question up, did the employee ever sign any warnings and which i did not it was only emailed to me. Also the hearing officer ask the employer was i ever written up for this same problem, Which no i have not. The employers reply was he has been written up for not following managerial instructions and he stuck to that story.
Thank you for the quick reply, The hearing officer did bring that question up, did the employee ever sign any warnings and which i did not it was only emailed to me. Also the hearing officer ask the employer was i ever written up for this same problem, Which no i have not. The employers reply was he has been written up for not following managerial instructions and he stuck to that story.
The employer can say you were warned for picking your nose. It doesn't mean a thing if he did not officially meet with you and give you the option of either signing or refusing to sign the warning. Emailing a warning is not official and if I'm not mistaken against standard HR Policy. Definitely fight this one.
Thank you for a quick reply, I am fighting this appeal till the end, While currently looking for employment. It is difficult as the economy. If you may know can i appeal as much as time as i would like or this eventually may go into court and would this company even go to those standards knowing it will cost the a lot more...
Thank you once again all comments released stress off me.
Even if you got fired, you will still get benefits, you just have to wait 6 weeks. My brother got fired and lost his appeal but he got his first check at the 6 week mark anyway.
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