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Old 08-07-2012, 09:38 AM
 
18 posts, read 15,493 times
Reputation: 17

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Called this am. Rep said claim is pended. Explained what happened. She opened it up so that I can claim.
The checks do stop. She told me to write the appeal.

To me, from what she said, it sounded like employer appeals are almost ruled in favor of employer, and only upon appeal do we get a fair shot at the hearing. She said be brief, concise, and I said bullet points- she said absolutely yes. Employer did
verify I was threatened, employer did verify two seperate physical incidents before termination, employer did verify 1 threat was made after termination(I was office manager-but put out on the road to deliver product and meet customers because I told employer I did not feel same in office, and asked to go home) Employer denied second threat was ever made. It was brought up during my resignation, stated he didn't remember that).

Rep said appeal will take 4 - 6 weeks. Appeal letter will be written tomorrow.

Questions.
My handwriting is good. I have a computer but no printer.
Should i go to library and type the letter-or hand write it?

Is this something an lawyer would even touch, or did I go to far without professional help?

Thanks all for your support,
NJT
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Old 08-07-2012, 10:57 AM
 
4,033 posts, read 4,555,217 times
Reputation: 807
Board of review appeals are difficult, and if your state procedures allow it, you file a requiest for review, and ask for more time to file the actual reasoning for the review.

I strongly suggest that you get a transcript.

What actually happened in real life means nothing now. The only thing that matters is the findings of fact as stated by the ALJ from your decision. While reviewing the transcript, you look for statements by the employer that help make your case. The ALJ is the one that gets to decide who is telling the truth, so also look through your decision for statements by the ALJ like, "the more credible evidence is . . ." That will help you try to find things where the ALJ misinterpretted facts because of potentially contradictory statements by your employer.

Try to remember that you quit, so the UI people do tend to make you work for it. I "quit" when my compensation package was gutted with a 63% reduction. I was denied UI 4 times at various stages, and had 1 minor win, and a bigger win at the board of review, where my "quit" was turned into a discharge, and a refusal of work, and that changed everything. It can be done.

However look for other stuff besides just the threats of violence. You mentioned about the deliveries. Sounds like that wasn't your normal job. Going from a supervisor job to delivery duties can often provide good cause to quit because you don't have to take a lesser job in the employment relationship. You may be hanging your hat on the wrong issues, but you've never come right out and said everything that happened so no one can give you all the alternate theories that might apply.
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Old 08-10-2012, 04:52 PM
 
18 posts, read 15,493 times
Reputation: 17
Believe it or not, I got 2 job offers yesterday!

I fully intend to appeal, to avoid repayment, and collect the weeks leading up to my start date.

But I got 2 job offers in 1 day!!
One was an ad from careerbuilder, the mgr and I had both worked at a previous employer.
The second was that previous employer(not the one fighting unemployment). He offered me a job on the spot!
Life has been a mess. It's a lot better today.
New employer also understands that I will follow up with appeals, so I may need to stay home..

I had applied for this job in june.
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Old 08-10-2012, 05:42 PM
 
Location: Wisconsin
14,157 posts, read 18,601,021 times
Reputation: 6728
Well, congratulations!! So, which job are you taking?
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Old 08-17-2012, 08:33 AM
 
18 posts, read 15,493 times
Reputation: 17
Ad on careerbuilder was a scam. Company name different from name on door. Google address, same place 3 different names in the past 2 years. Accept job, company calls me telling me of new location!.

Previous employer and I talked again. Unfortunately, the licensing requirements changed, and I am not eligible.
So, living off savings, and looking every day..
NJT
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Old 09-07-2012, 06:28 PM
 
1 posts, read 1,065 times
Reputation: 10
My previous employer was not able to be reached during my interview in March so I received NJ unemployment. Now, after collecting almost six months, I find out they appealed the decision in April. Why are they given a chance to appeal when they were unable to be contacted.........why did unemployment not notify me of this decision..............very frustrating!
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Old 09-07-2012, 06:47 PM
 
4,033 posts, read 4,555,217 times
Reputation: 807
They can appeal because those are the rules. However, you should check the dates to make sure tha appeal was timely because if it wasn't, you need to object to it on that basis.

However, let's just say you knew all this back in April, what would you have done differently. Would you have banked the money just in case you had to pay it back? 50% of overpayments go uncollected.

Instead of worrying about the 6 month gap, start getting help preparing for the appeal so that you win.

This guy Appeal Reversed just went through an appeal with a large bank. The hearing was attended by his supervisor and an attorney, and he won hands down all by himself. You can too.
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Old 09-07-2012, 07:12 PM
 
Location: Wisconsin
14,157 posts, read 18,601,021 times
Reputation: 6728
Quote:
Originally Posted by lawrenma View Post
My previous employer was not able to be reached during my interview in March so I received NJ unemployment. Now, after collecting almost six months, I find out they appealed the decision in April. Why are they given a chance to appeal when they were unable to be contacted.........why did unemployment not notify me of this decision..............very frustrating!
Things fall between the cracks in NJ. I doubt there is anything in NJ statutes which protect you against the DOL incompetence in this area. In NJ, employers commonly appeal when a claim is a year old. They often do this at the bye, when they are recontacted because of recertification. This is par for the course in NJ. NJ gives its employers much latitude in challenging employee claims.

Do you have a hearing date, as yet? In NJ, it takes up to five months to schedule a hearing. If the employer appealed in April, I would think your hearing will be very soon.

Claimants win appeals in NJ all the time. Do not be intimidated. Be persistent. Know on what basis they are objecting to your benefits. Get your facts straight and be prepared to presently them clearly.

Unless your employer can prove gross misconduct and/or deliberate and intentional failure to follow rules or a deliberate and intentional will to perform poorly, they have no grounds.

This is just a game employers play, hoping to limit their costs. Many employees do not have the will, courage or stamina to appeal. Don't you be one of them.
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Old 12-19-2012, 04:52 PM
 
1 posts, read 827 times
Reputation: 10
I don't understand why the claimant has specific time limits for appeal, yet the employer files an appeal and unemployment sits on it and then proceeds without ever notifying the claimant that the appeal was filed. This denies the claimant the right to be present, and to be sure all documentation is presented and no new testimony is introduced which is not allowed. My lawyer tells me that that's the way it is, you have no recourse. what is the truth. I followed the rules, they didn't yet they won the board of review where do I go from here.
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Old 12-19-2012, 05:50 PM
 
Location: Wisconsin
14,157 posts, read 18,601,021 times
Reputation: 6728
Quote:
Originally Posted by gaylesmith View Post
I don't understand why the claimant has specific time limits for appeal, yet the employer files an appeal and unemployment sits on it and then proceeds without ever notifying the claimant that the appeal was filed. This denies the claimant the right to be present, and to be sure all documentation is presented and no new testimony is introduced which is not allowed. My lawyer tells me that that's the way it is, you have no recourse. what is the truth. I followed the rules, they didn't yet they won the board of review where do I go from here.
NJ is very backed up, unfortunately, and always has been. That said, we rarely hear of NJ not notifying a claimant of an appeal or, at the very least, an appeal hearing in advance of the date. Once, as I recall, a claimant was given short notice on a hearing date without previously having been notified of the employer's appeal.

If you never received notice of an appeal hearing, file another appeal with NJ. Also, write the head of the NJ DOL, write your state senator, send them copies of your appeal. Let NJ appeals tribunal know you have done this. If you were not timely notified, you were denied your rights.

Many people have reported great and very timely success in other states when they contact their state representatives.

Make a LOT of noise. Don't accept this passively. They are hoping you will go away. Don't.
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