Unemployment and misconduct NJ (collecting, claim, qualify, record)

[Diceman252]

Hello, about two weeks ago I was fired from my job for a physical altercation with another employee. I was fired under the description "violation of code or policy" not misconduct. I was fired for defending myself from another employee who pushed me down and wouldn't let me up. I pushed the employee to separate us and tried to get away. They claim I made a threatening comment(I made no such comment)they claim they have witnesses. Will I be disqualified from collecting unemployment for this? It's very stressful and a solid answer would help me greatly.

[Ariadne22]

NJ will investigate the code/policy violation reason for termination. An "alleged" threatening remark - which you dispute - should not preclude you from qualifying for benefits in NJ. However, NJ may impose a penalty before you are allowed to collect. You can always appeal any penalties if NJ imposes them. It will depend on whether NJ believes this employer on the "threatening remark."

[Diceman252]

So even if they believe the employer about the alleged comment it shouldn't preclude me? maybe? On the sheet I signed when they fired me. It didn't have misconduct marked it only had Violation of code or policy. Could that be in my favor?

[thebunny]

I would also make sure you stress that YOU were not the aggressor in the situation. Sometimes the UI reps don't seem to be paying a lot of attention in the initial phone interviews, and I have had personal success with making sure that I keep stressing something until the person from UI repeats it back to me. I know it sounds funny, but if you say "I was not the aggressor" and get "umhmmmm" mention as the story continues "the fight started by the other person" etc...sometimes they are quicker than others, but the person on the phone will be making your initial benefit determination...the more info you give them, that gets through, that supports your claim, the better.

Also, in order to find misconduct, the reason for termination doesn't have to be stated "misconduct" in writing. Failure to follow employee time keeping policy is a way of stating that the employee was late or was falsifying time records...both can be misconduct even if it isn't stated.

Best of luck.

[Ariadne22]

Originally Posted by Diceman252

So even if they believe the employer about the alleged comment it shouldn't preclude me? maybe? On the sheet I signed when they fired me. It didn't have misconduct marked it only had Violation of code or policy. Could that be in my favor?

In MA, you would have trouble with the violation of code/policy as MA recently changed their laws to immediately preclude anyone guilty of a rules violation.

NJ views this differently. Violation of code/policy may be misconduct, but not to the level of complete denial of benefits. You may or may not be approved after the initial interview. The reps usually err on the side of denial when there is any question. If this happens, you should appeal. Eventually, you should be granted benefits. Do not accept the first "No" as a final no. Always appeal.

However, know that NJ is very backed up these days. So, if you get into a appeal situation, it won't be heard for six months. Therefore, do your best at the first fact-finding interview to minimize/refute these charges.

Let us know how this goes.

[thebunny]

Originally Posted by Ariadne22

In MA, you would have trouble with the violation of code/policy as MA recently changed their laws to immediately preclude anyone guilty of a rules violation.

NJ views this differently. Violation of code/policy may be misconduct, but not to the level of complete denial of benefits. You may or may not be approved after the initial interview. The reps usually err on the side of denial when there is any question. If this happens, you should appeal. Eventually, you should be granted benefits. Do not accept the first "No" as a final no. Always appeal.

However, know that NJ is very backed up these days. So, if you get into a appeal situation, it won't be heard for six months. Therefore, do your best at the first fact-finding interview to minimize/refute these charges.

Let us know how this goes.

This is the reason I was stressing making sure you get your side through to the interviewer in round one. I know it seems silly to stress it until they repeat it back, but it is more firmly in their minds if they are saying, "so, you were not the aggressor" than it is if you are saying this and they are saying "umhmmm"