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Old 06-27-2012, 04:18 PM
 
10 posts, read 36,511 times
Reputation: 16
Default Gof fired but employer said I quit...NJ Unemployment denied..what should i do??

Okay so I'll just go straight to the poin....

so I was employed for a little bit over a year when things started to go down hill.....I lost my job in April 2012. But back in dec/jan i recieved an email from a staffing agency which was directed at my boss stating that they were ready to replace me once he let me go...

shortly after i found out that the company needed to make a cut and since i was the receptionist i was going to be the first to be let go<<but that was just a rumor from others`. Anyways i found out and have proof that my boss who is the ceo and owner even filed for bankruptcy.

So after one year of employement with them and no complaints no issues what so ever i got an email from one of the manager saying i wasnt responsible because i failed to make a list of the supplies needed...I then also got an email from the owner saying he was tired of the excessive absences.

So my respond for the list was that i was never asked to create one but will do asasp. And my response for the absences was that i had not gone over my allowed time which was one week vacation and one week sick/personal and that every time was scheduled beforehand.

well the day off, the day they let me go i must have recieved over 10 email back to back from both manager and owner, just crazy emails, like how i was going to be charged for a key which cost hundreds of dollars because i supposedly lost, one said i was monopolizing him.

since my one year aniversary was up my sick/personal/vacation day started to which i put in a request for certain days off since i had just announced about a week prior to them leting me go that i was pregnant. They said i was not allowed to take any of my time off for another 6 months due to company polices...To which i never heard of ..I was almost six months pregnant and i wasnt allowed to take any of my paid time off...OMG

Anyways I had already been scheduled for half a day off the following day to handle a traffic matter (driving on a suspended license) which like a dummy i told them...and they new of this traffic matter for months...
Towards the end of the day the manager told me "Please leave and dont bother coming back anymore" he also took my keys...

well when i filed for unemployment i was denied because my employer said that i quit my job because i was driving on a suspended license and was going to jail.....

I tried to explain all of this to the claim examiner and even said that i had the emails...I also explained that i was not in jail nor going to jail and that for the last couple of months i had someone take me to work and or i was relying on the bus...I told her that my license had nothing to do with work because i didnt need to run any arrands or anything of that sort.....

Now i was told it takes s 6 to 8 months to get a hearing for an Appeal with NJ Unemployment!!!

PLEASE HELP!!
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Old 06-27-2012, 04:27 PM
 
Location: Wisconsin
13,118 posts, read 16,000,249 times
Reputation: 5992
Yup, the default position is always a denial. The claims examiner didn't want to be bothered. I'm sorry to say, there is nothing you can do about a speedy appeal. File the paperwork and hope for the best.

Also, you might write your state legislators about the delay. Clearly, five-six months is too long to wait.

Meanwhile, apply for food stamps, energy assistance, and whatever else you might qualify for. Visit your Social Services people immediately.

I believe NJ has list of resources on its website.
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Old 06-27-2012, 05:53 PM
 
Location: Los Angeles Area
201 posts, read 342,943 times
Reputation: 134
6 month is a ridiculous amount of time. It should not take more than a month.
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Old 06-27-2012, 06:46 PM
 
Location: Wisconsin
13,118 posts, read 16,000,249 times
Reputation: 5992
It doesn't in some states. CA is really good about scheduling appeals. I understand WI is about 3 mos behind. PA, not so good, either. Some states just don't care, some are too overloaded - which is NJ's case. Most are not properly staffed to handle the numbers of unemployed and all the attendant problems. Gov. Christie in NJ will surely not give the DOL of that state more money to process appeals.

Cutbacks, cutbacks, cutbacks. As a general rule, the states will not allocate money to add staff when their tax revenues are down due to unemployment and they've incurred record debt to the US govt, borrowing to pay unemployment benefits.
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Old 07-05-2012, 03:53 PM
 
10 posts, read 36,511 times
Reputation: 16
Quote:
Originally Posted by Ariadne22 View Post
Yup, the default position is always a denial. The claims examiner didn't want to be bothered. I'm sorry to say, there is nothing you can do about a speedy appeal. File the paperwork and hope for the best.

Also, you might write your state legislators about the delay. Clearly, five-six months is too long to wait.

Meanwhile, apply for food stamps, energy assistance, and whatever else you might qualify for. Visit your Social Services people immediately.

I believe NJ has list of resources on its website.

Yea I went in to the Board of Social Service in my town, they told me i would not be eligible for cash asssistance and that the because i "quit" my job i would not receive foodstamps for 69-90 days ...this is so crazy...I actually called the Appeal Tribunal directly and yes they confirmed that i will not get a hearing until late October early November if everything goes well....
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Old 07-05-2012, 04:00 PM
 
10 posts, read 36,511 times
Reputation: 16
Anyone think I can actually fight the fact that i did not quit but did infact get fired???.... i mean besides the fact that he filed for bankruptcy and i received an email by accident stating they were looking to replace me, all it is his word against mine....I really need to win this appeal!!
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Old 07-05-2012, 04:04 PM
 
Location: California
4,404 posts, read 4,478,568 times
Reputation: 2978
Did you receive your final check on the day you left? That shows, usually, that you were fired as when you quit, the actual day you gave notice and the last day are often different. If they say you quit in the am on a Monday but had a check for you, that shows you didn't quit as they did not have time to get you the check.
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Old 07-07-2012, 01:23 PM
 
10 posts, read 36,511 times
Reputation: 16
i get direct depost and it was due the next say which i received on time....as far as my final paycheck which is the "first check they hold" he has not given me that i am actually fighting him for that
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Old 07-07-2012, 01:59 PM
 
Location: California
4,404 posts, read 4,478,568 times
Reputation: 2978
Fight it in writing, via email, certified letter, etc. Constantly mention things like "when you fired me, you did not pay me". He may be smart enough to say "I didn't fire you, you quit" but he also may be dumb enough to admit you were terminated in the emails. Its your best bet to get something in writing which you can use.
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Old 07-07-2012, 07:43 PM
 
Location: FL
1,717 posts, read 1,091,937 times
Reputation: 1769
I would have never told the claims people about the excessive absence or supplies list, don't mention any discipline or anything negative against yourself. Should have just told claims , they let me go for lack of work and that's it......anything else they say they are Big fat liars.

Agree with above poster about trying to get them to admit, I wouldn't even say "fired", "now that you let me go, are you gonna pay me?" If it were me I'd record him, law be damned, (it may be permissible in your state anyway). If he don't want pay your last check, does he have the required number of employees minimumlly (used to be 30) and are they engaged in interstate commerce,(this becomes a Federal matter if so).

Do they have UI offices in your state? Maybe go there and plead your case....the thing is is that they owe if you we're available and willing to work for them, they let you go, I would have brought up the bankruptcy and that's about it, that falls in line for your being let go..lack of work.
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