Quote:
Originally Posted by laurenr84
i am going through something similar... i had my phone interview over a week ago and still have heard nothing. i know they spoke to my employer by now, and if not shouldn't that work in my favor? my status says " pended" , which it has said for several weeks now. if they denied me, wouldn't it have said that already? i am already late on my bills and i need to know. tried calling a few times during the day, even in the early morning and there is always a 3hr + wait time. i just would like to know either way. i am also concerned that if my employer did contest it, they may have lied to make me look bad. will the claims investigator take my side or will i be penalized if the employer spoke poorly of me? also, if i am approved, that means i paid for the last couple months that they have withheld my benefits right?
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If you are approved, you will be paid from the week of application.
If employer cites misconduct, you will be assessed, at the very least, the minimum simple misconduct penalty of 8-wk dq from benefits. Interviewers almost never ignore employer assertions - whether true or not. Which means, at minimum, no money until after nine weeks from week of discharge.
NJ often takes ten business days after the interview and longer to render a decision.
No, if it is denied, they wouldn't "have said it already." The opposite, in fact. Approvals come through very quickly after interviews. Because it has been over a week, the longer you wait for a decision, the less likely it will be without some form of penalty.
If NJ hasn't spoken to or heard from employer, it should approve the claim - unless you said something to give NJ grounds to impose the simple misconduct 8-wk dq., or worse. However, if initially approved without employer input, know that employer can still appeal. If employer appeal request comes through soon, NJ will suspend payment of benefits so as not to potentially overpay and will schedule a very short date for the appeal hearing.
In NJ, unless employer accuses you of something egregious, you shouldn't be denied - -but will, very likely, be assessed the 8-wk dq.
Frankly, at this point, plan for no money for at least nine weeks from week discharge. If NJ approves without a penalty, it will pay retro as stated above.
More info on NJ penalties, here:
http://lwd.dol.state.nj.us/labor/ui/aftrfile/fired.html
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