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10-14-2009, 09:25 AM
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Senior Member
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Join Date: Apr 2008
Location: Adrian Michigan
281 posts, read 350,270 times
Reputation: 48
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8 weeks since my last EB check..... We are loosing our home and our van.
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10-14-2009, 09:49 AM
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Senior Member
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Join Date: Dec 2008
Location: New Jersey
946 posts, read 818,566 times
Reputation: 235
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Quote:
Originally Posted by RUinNJ
Hello,
I was wondering if anyone can help with some info. I was terminated from my job, unjustified in my opinion, but the state sided with my employer. I got the five week penalty. I received a form saying I was eligible for EB. Then a month later, after two non negotiable checks, got a letter saying I was disqualified...I have appealed and I have not heard anything in weeks. Has anyone ever won an appeal like this?
Also it said I can get EB if I show earnings 4 times my weekly benefit. Can these earnings come from 1099 employment, as I have some people who would like to use my skills on a temporary basis. All this stuff is very confusing and NJ seems to be the only state that is punishing people for being terminated.
Any advice would be helpful as you folks really seem to know your stuff
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Federal law states that unemployment insurance (UI) is provided only for people who are unemployed through no fault of their own -- so NJ is not the only state that applies that rule. But each state can customize it in terms of the sort of penalty they impose -- or even whether they wish to deny UI benefits in certain cases.
In New Jersey, you can qualify for UI if you were terminated -- provided the reason for the termination is not determined by NJ to be "misconduct" or "gross misconduct."
Federal law does allow you to appeal any determination of eligibility you get from UI. But because of the backlog of claimants in NJ, at this time appeals can take 4 to 5 months to be heard.
At this point, you are appealing your eligibility for EB. Because you were determined to have been terminated for "misconduct" -- and you never appealed that determination -- you are not eligible for EB. Really no question here. The time you should have appealed the "misconduct" ruling was when you initially received it, before you began receiving benefits.
You received the two "non-negotiable checks" because in NJ, moving from one tier of extension to another is automatic in the system to ensure that the system captures the jobless time for which you should be credited. Once your eligibility is verified, then you are paid for the accumulated time under that extension.
In this case, your "misconduct" determination meant you do not qualify for EB, so payment for the accumulated time represented by the non-negotiable checks will not be forthcoming.
As you have already noted, jobless who were disqualified from EB for "misconduct" determinations can still receive benefits if they are earn at least four times their weekly benefit -- and reopen their unemployment claim.
However, those earnings must be from "covered employment" -- services performed by a worker for an employer subject to the New Jersey Unemployment Compensation Law, and not specified as employment excluded from coverage under the law. That means that the employer pays into the unemployment system -- and that they withhold unemployment taxes from your 1099 payment.
Check with your local UI office to see if your potential employer and the 1099 method of payment would qualify for coverage.
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10-14-2009, 11:33 AM
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Member
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Join Date: Oct 2009
13 posts, read 9,987 times
Reputation: 10
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ANY News on EB Tier III yet?
How do you know if you are eligible for EB in Indiana? I just exhausted my brief UI benefits and then my EEUC benefits and I have no idea if I'm eligible for the EB benefits, how to file...etc. I've called the state number for hours and hours and cannot get through. I've emailed, read the entire Indiana department of worforce development website, all their pdf files ...and still have no answers.
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10-14-2009, 11:52 AM
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Senior Member
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Join Date: Dec 2008
Location: New Jersey
946 posts, read 818,566 times
Reputation: 235
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Quote:
Originally Posted by strlslvr
How do you know if you are eligible for EB in Indiana? I just exhausted my brief UI benefits and then my EEUC benefits and I have no idea if I'm eligible for the EB benefits, how to file...etc. I've called the state number for hours and hours and cannot get through. I've emailed, read the entire Indiana department of worforce development website, all their pdf files ...and still have no answers.
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You have posted your question in a thread in the New Jersey forum -- so it's unlikely anyone here will be able to answer your question.
While the law governing Unemployment Insurance (UI) extensions is set by the federal government, each state administers the extensions according to its own rules.
You have a better chance of getting your question answered if you post it in the Indiana forum or in the general forum on Work and Employment.
Good luck!
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10-14-2009, 04:05 PM
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Junior Member
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Join Date: Oct 2009
1 posts, read 1,795 times
Reputation: 10
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Does anyone have any concrete info regarding the 4th extension, because I am in dyer need! I'm sure like a lot of us for federal assistance, at least until we can land a job!
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10-14-2009, 04:43 PM
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Senior Member
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Join Date: Dec 2008
Location: New Jersey
946 posts, read 818,566 times
Reputation: 235
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Quote:
Originally Posted by veltex
Does anyone have any concrete info regarding the 4th extension, because I am in dyer need! I'm sure like a lot of us for federal assistance, at least until we can land a job!
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Unfortunately, the legislation is stuck in the Senate, blocked by Republicans who want to change the funding source -- so progress has come to a standstill for now, until the Republicans can agree on the funding.
Go to this thread for regular updates on progress:
http://www.city-data.com/forum/new-j...b-part-89.html
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10-15-2009, 01:38 AM
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Junior Member
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Join Date: Oct 2009
2 posts, read 3,410 times
Reputation: 10
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Hi everyone,
I've been searching for current info regarding UI benefits and came across this board. Although my situation is slightly different from the norm, I'm hoping someone can steer me in the right direction.
Due to downsizing, I was let go from my job in February (09). I began collecting UI benefits immediately while I looked for work. What makes things slightly different for me is that I found out I was pregnant about 2 weeks later. Not letting this news deter my search for a new job, I continued looking for new opportunities. Thus, here we are 8 months later and I am still jobless. As you can imagine, I am also very pregnant looking by now so finding a job is pretty much impossible at this point. After all, there are millions of people out there looking for work--who is going to hire a woman who looks like she is about to give birth any day now???
I think I can apply for temp disability benefits under the "Disability during Unemployment" program, but this is where things get even more confusing. I am currently collecting benefits under the 1st UI extension, so my husband says I should just continue to collect UI. But that doesn't seem right to me because technically, I will not be able to work for the next few weeks. Any suggestions? Can I collect temp disability benefits for 8 weeks and then apply for UI again after the baby is born? Everything is so confusing to begin with and I don't want to lie about my current work status. I plan to begin looking for work again shortly after the baby is born, so hopefully, the market will have improved somewhat by then.
Can anyone offer any info or suggestions on this  I was with my previous employer for over 7 years and never expected to be let go. Now, as I am about to give birth to my 2nd child, I am terrified about what is going to happen and whether or not, I will be eligible for UI until I find another job. As I noted above, I am only on the 1st extension of benefits, so I should be eligible for the other extensions as well, if I don't find anything right away.
Thanks very much.
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10-15-2009, 02:59 AM
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Senior Member
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Join Date: Dec 2008
Location: New Jersey
946 posts, read 818,566 times
Reputation: 235
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Quote:
Originally Posted by NJMomma73
Hi everyone, Due to downsizing, I was let go from my job in February (09). I began collecting UI benefits immediately while I looked for work. What makes things slightly different for me is that I found out I was pregnant about 2 weeks later. Not letting this news deter my search for a new job, I continued looking for new opportunities. Thus, here we are 8 months later and I am still jobless.
I think I can apply for temp disability benefits under the "Disability during Unemployment" program, but this is where things get even more confusing. I am currently collecting benefits under the 1st UI extension, so my husband says I should just continue to collect UI. But that doesn't seem right to me because technically, I will not be able to work for the next few weeks. Any suggestions? Can I collect temp disability benefits for 8 weeks and then apply for UI again after the baby is born? Everything is so confusing to begin with and I don't want to lie about my current work status. I plan to begin looking for work again shortly after the baby is born, so hopefully, the market will have improved somewhat by then.
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You are right -- do not lie about your availability for work during this period of your pregnancy.
Continue to collect your Tier I benefits until you are physically unable to continue your search for work or start a new job. At that point you should claim your pregnancy disability benefits -- until your doctor certifies you for return to work. After certification for return to seeking work, simply reopen your original UI claim and resume your Tier I payments where you left off.
BTW, the law providing the Tier I and Tier II UI extensions expires at the end of 2009. The rule is that -- as long as you open a claim for Tier I or Tier II before the end of 2009 -- you are entitled to exhaust the full benefits provided by those extensions, even into 2010.
In your case, you are already collecting Tier I benefits -- which means you have qualified for Tier I in 2009. Despite the break in the payment of the Tier I benefits -- due to the period when your disability makes you ineligible for Tier I -- after your recover from your disability, you can collect the remaining Tier I payments up to the a total of 20 weeks -- even if they extend into 2010.
A word of caution about the extensions: because of the current year-end expiration date of Tier I, Tier II, and EB at the end of 2009 -- by the time you exhaust Tier I in 2010, Tier II and EB will no longer be available. The only way you will be able to collect the next two levels of extensions would be if Congress changes those expiration dates to sometime in 2010. At this time, Congress is focused on creating a fourth extension for jobless who have already exhausted the first three extensions. They will probably turn their attention to the expiration of the first three later this year.
Contact your local Unemployment office to be certain you have the proper forms to complete when it is time to trigger the disability period -- and that you understand how to reopen your claim when are are well enough to resume your search for work.
Congratulations on the new baby -- and good luck with the job search!
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10-15-2009, 09:09 PM
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Junior Member
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Join Date: Oct 2009
2 posts, read 3,410 times
Reputation: 10
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Quote:
Originally Posted by diorgirl
You are right -- do not lie about your availability for work during this period of your pregnancy.
Continue to collect your Tier I benefits until you are physically unable to continue your search for work or start a new job. At that point you should claim your pregnancy disability benefits -- until your doctor certifies you for return to work. After certification for return to seeking work, simply reopen your original UI claim and resume your Tier I payments where you left off.
BTW, the law providing the Tier I and Tier II UI extensions expires at the end of 2009. The rule is that -- as long as you open a claim for Tier I or Tier II before the end of 2009 -- you are entitled to exhaust the full benefits provided by those extensions, even into 2010.
In your case, you are already collecting Tier I benefits -- which means you have qualified for Tier I in 2009. Despite the break in the payment of the Tier I benefits -- due to the period when your disability makes you ineligible for Tier I -- after your recover from your disability, you can collect the remaining Tier I payments up to the a total of 20 weeks -- even if they extend into 2010.
A word of caution about the extensions: because of the current year-end expiration date of Tier I, Tier II, and EB at the end of 2009 -- by the time you exhaust Tier I in 2010, Tier II and EB will no longer be available. The only way you will be able to collect the next two levels of extensions would be if Congress changes those expiration dates to sometime in 2010. At this time, Congress is focused on creating a fourth extension for jobless who have already exhausted the first three extensions. They will probably turn their attention to the expiration of the first three later this year.
Contact your local Unemployment office to be certain you have the proper forms to complete when it is time to trigger the disability period -- and that you understand how to reopen your claim when are are well enough to resume your search for work.
Congratulations on the new baby -- and good luck with the job search!
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Thanks so much for the info, diorgirl. I really appreciate you taking the time to answer my questions.
The baby is due on Nov. 13, so I guess I should probably start looking into what forms I will need asap. It's pretty scary knowing that the expiration dates for the extensions are set to expire so soon. With the unemployment rate slowing nearing 10 percent, I don't know how Congress expects all of us to find new jobs by January. Like other posters have said, it doesn't seem fair that people who were laid off in 2009 won't be eligible for the same extensions as those who were laid off in 2007 or 2008. I guess we will just have to hope for the best 
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11-21-2009, 11:57 PM
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Junior Member
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Join Date: Nov 2009
Reputation: 10
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Hi,
I'm hoping that someone can help me as I am very confused about my current unemployment situation. Here goes.
I was employed from Dec. 5,2008 - June 7, 2009. I have been on UE since July 23,2009 due to a 5 week disqualification for failing to put one of my past employers on my application (even though I worked with no issues for almost 7 months), I feel it's because they opened a new position that they couldn't afford and I was newest and easiest to teminate. But anyway when I recieved my first check I also recieved a letter advising me of my claim amout, approx. $15,000+ for the 26 wks/6 months. In Mid August I was told that I had to file a new claim because of the way that the UE quaters fell, so I did so with no issues. All of a sudden My $15,000+ is now $9,000+ (for my total claim) and my UE is expired as of next week, last check. I have recieved a total of 3 months and the remaining $6,000 is no longer in my "Amount remaining" portion on my stubs. Why is it gone? Are they legally allowed to do this. There is no reason that my claim would have been shortened. Now I am aware that I fall under a different calander tier meaning that my base weeks don't apply to UE's 1st quaterly calander but under their 2nd? I read it on the web site, it's due to the date's I worked and left the company. I did complete over 6months of employment and exceeded their 4x's pay by quite a bit so there was no question that I qualified. Anyone else have this happen, money or month's just taken away? And if so do you know why? Lastly, I havn't gotten a letter saying that I am disqualified for Tier II benefits (which I shouldn't even have to worry about for another 3 months but since the change in my claime amount next week the money will be gone) will I still get them even though I had the 5 week disqualification in the beginning of my original claim? So very sorry about the lengthlyness of the question, just can't find any help out there!! Any type off assistance with these questions will be greatly appreciated!! I am thankful for any answers!!! Thanks in advance.
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