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Would it be in my favour if i used that as a strong.point in my hearing ? ( the fact that my job is closing in two months and everybody on the work siteis being laid.off) maybe my supervisor was.trying to.cut as many people.lose as he could without having to pay em unemploynent ., & maybe thats why he didnt respond to.my calls cause he new he was going.under,
I also would like to.know.if getting a lawyer is a god.idea and will improve my chances.on.getting aproved?
I'd wait until you know more. From your postings, I don't think you even have a hearing date yet.
When you say your work site is closing, do you mean the entire company or just the location where you worked is closing? Also, did you get to view anything that your employer has written or the deputy notes?
The only thing that appears to be in question is: did you try to return to work?
If the supervisor that dodged your calls isn't at the hearing to testify, then things are very much in your favor, but you can't be sure of that until the date is set. If the hearing date is AFTER, the closure, and that supervisor got the ax, then you can be pretty sure that there will be no first-hand testimony that you didn't try to come back to work.
As for the attorney, I'd wait to make any decision on that. You really want to try to see just how the employer is going to prove that you didn't come back from your leave. You didn't write a letter of resignation or call saying, "I quit." Your quit is based on an interpretation of your actions as defined in the law. When there is no testimony from the employer to the contrary at your hearing, it's pretty much in your favor.
I tried to return to work , but i never got the OK to.go back to.work , he never gave me the OK he avoided me . Then when i applied for unemployment he then contested it . And they said i voluntaryly quit .
You have no proof the employer said, "jo0rdany3 quit," to the unemployment people. You only know that was said to your coworker, but that doesn't mean that's what was said to the interviewer. The decision from the deputy more than likely indicates that the employer said, "jo0rdany3 didn't return from a leave." Not returning from a leave is converted into a voluntary quit as that is what NJ's law or case law says that is how it is to be treated. You even said in an earlier post that you were asked for your phone records.
Okay so if its " didnt return from.a leave" what would i have to do ? & yes i was asked.for.phone records but cannot provide them another poster told.me to write my own call log to.the best of my knowledge of all.the dates and.times i called and.left messages .
You can write your own call log, but it probably won't help. It's considered a self-serving statement.
The whole company is shutting down. In all probability the employer won't be at the hearing. That just leaves own your testimony. No one will be there to contradict you.
Until you view the evidence that will either be mailed to you or in a file at the hearing location, you don't know if the employer did anything to interfer with you getting benefits. The interviewers have been known to take things out of context and make bad decisions. It happened to me. Could be the interviewer never talked to your employer, looked at your doctor's notes, and when you didn't submit call records, just made an adverse decision knowing you could appeal it.
So my best option is to wait it out till.they sdnd me my mail & if theres nothing in there that contradicts my statements im.good? what if nobodys at this hearing and they ask me to prove i tried going back to work.? They can still deny me at the hearing if i dont
Provide the evidence they ask
I'll try to make my point with an example. Let's pretend that you were fired, and the employer claimed it was because you were stealing. When you're fired, the burden is on the employer to prove what you did, and that what they prove has to be misconduct. Now, many claimants have their phone interview and say things in a way that makes them sound guilty when they aren't. It's possible the employer was never contacted, but because the claimant used the word "steal" the interviewer denies benefits just because.
So you have a hearing. The employer doesn't show. Now, you can't prove that you didn't steal. It's pretty tough to prove a negative. Short of having attendance records that show that you were on vacation or out sick the day of the alleged theft, it's not going to happen. This is the beauty of the system if you understand how it works. You don't have to prove that you didn't steal. The employer has that burden and they aren't there. You'll get benefits even if you did steal so long as you don't admit to it because the employer didn't meet their burden.
Now, assuming that NJ works like my state, we have this regulation: c. When a claimant states that he did not leave voluntarily, and the employer maintains he did, the burden of proof shifts to the employer to establish that there has been a quit.
In your case, you have doctor's notes and there was some evidence to show that you were out on leave. The only thing questioned is did you not come back to work by your choice or the employer didn't let you. You'll be able to testify that you tried, and the employer didn't let you. The phone records would only prove that you called the employer, but they wouldn't prove the content of the call. The call records won't be the reason that you can't make your case. There will be no employer to challenge you. In all probability, you will be believed. The employer can't prove that you quit. There will be no letter of resignation or the first-hand testimony of a person that took your call stating, "I quit."
Okay i understood you perfectly thank you very much i will.keep you posted on the mail i get . Thanks.again
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