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I was terminated from my full time job in May 2014. Those benefits expired in November 2014. Throughout my time at my full time job, I held a part time job at a retail store. Literally 9 days after losing my full time job, I found out I was pregnant with baby #2. I continued to work the part time job, as it was my only means of income besides my husband's, until I was eligible to go on pregnancy related short term disability. The date for the beginning of that disability was 12-15-14. I filed for unemployment just as soon as my claim year ended. I had my interview with claims examiner. All seemed fine, until I received a notice in the mail that I voluntarily quit the retail store on 12-4-14, which is absolutely NOT true. It says: "You left work voluntarily on 14/4/14. You left work voluntarily on 12/1/15 to go on pregnancy related disability." Obviously, there is a typo there in the year, but why two different dates? I did NOT quit or resign. The store manager there is a twenty something with a chip on her shoulder, and had me call in every week to ask for my schedule. For two straight weeks she didn't put me on, because "the availability doesn't match with what I need covered", which was bull because I gave her practically open availability, but that doesn't matter now. I do have emails between myself and the HR rep dated as late as 12-10-14, with me asking where I can send my NJ state disability paperwork, etc. to start leave. I also have those phone numbers on my cell phone bill. Will this help my case as I write my appeal? I have never been through this before, and I really cannot afford to lose this. ANY help is appreciated! TYIA!!
Last edited by nel_kel13; 05-22-2015 at 07:23 AM..
Reason: details on unemployment denial letter
When you "write an appeal," at this phase, it is nothing more than a REQUEST. You don't write a novel. All you write is, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."
Then type in ALL the words from the letter and not just some tiny snippet. All the words have meaning and they are at least one solid paragraph to two paragraphs and not a one liner.
When you "write an appeal," at this phase, it is nothing more than a REQUEST. You don't write a novel. All you write is, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."
Then type in ALL the words from the letter and not just some tiny snippet. All the words have meaning and they are at least one solid paragraph to two paragraphs and not a one liner.
Thank you. My letter does state only:
"You left work voluntarily on 12/4/14.
You left work voluntarily on 12/1/15 to go on pregnancy related disability."
Under that is what I have seen on everyone else's posts, that you need to work 8 weeks, etc, etc. But I was employed part time with them since 2013.
The NJ labor site states: Your appeal letter must include your name, Social Security Number, telephone number, and address. In addition, give your reasons for disagreeing with the determination and, if you file late, the reason for the delay.
So in my appeal letter, wouldn't I write what my experience had been with the retailer?
Hopefully, you aren't filing late, so that is irrelevant and unnecessary, and the reason is because it's WRONG. That's sufficient to get a hearing.
No matter how much you write, there is going to be a hearing. However, your employer will get a copy, and then they'll know your strategy, and may have what it takes to counteract each and everything you want to refute. By only saying, "it's wrong," your employer might think you don't stand a chance and may chose not to show up which can be in your favor. If they do show, they may send the wrong people/person or just be very unprepared because they have no clue what you are going to spring on them.
Hopefully, you aren't filing late, so that is irrelevant and unnecessary, and the reason is because it's WRONG. That's sufficient to get a hearing.
No matter how much you write, there is going to be a hearing. However, your employer will get a copy, and then they'll know your strategy, and may have what it takes to counteract each and everything you want to refute. By only saying, "it's wrong," your employer might think you don't stand a chance and may chose not to show up which can be in your favor. If they do show, they may send the wrong people/person or just be very unprepared because they have no clue what you are going to spring on them.
I sent in my letter stating that their determination dated 5/18/15 was wrong and that I was requesting an appeal.
I then typed in WORD FOR WORD what was on my determination letter, including the incorrect dates that my claims examiner had entered.
Typically, how long before I hear back? I mailed it on Saturday morning, so with the holiday weekend, I am assuming it is only now getting to the office. I read that the letter said it needed to be post marked on or before 5/28, which I am hopeful it was, since I put it in the post office mailbox on Saturday 5/23.
In the past, NJ was slow. I think it's still taking them about 3 months to have a hearing, so you've got quite a wait. Last thread from a NJ claimant, it was 18 weeks start to finish. That would have included time to file, interviewed, denied, file an appeal, have a hearing, and then get a check.
I don't really understand what happened to you, and if I don't then you might be telling your story wrong. I fully understand that you were going for what is called a 2nd year claim. However, you have that disability issue in there. Timing is really important, and that's not what's clear. Did you stop getting scheduled BEFORE you went on disability or after? The reason is that not being scheduled, is the same as being fired simply because every employer would go around not scheduling people and never fire anyone so they wouldn't have to eat the cost of a claim. On the timing aspect, if it occured before you went on disablity, then you didn't quit. If it happened after the disability, it gets a little trickier because the UI people may be looking for you to have made some attempt to return to work.
In the past, NJ was slow. I think it's still taking them about 3 months to have a hearing, so you've got quite a wait. Last thread from a NJ claimant, it was 18 weeks start to finish. That would have included time to file, interviewed, denied, file an appeal, have a hearing, and then get a check.
I don't really understand what happened to you, and if I don't then you might be telling your story wrong. I fully understand that you were going for what is called a 2nd year claim. However, you have that disability issue in there. Timing is really important, and that's not what's clear. Did you stop getting scheduled BEFORE you went on disability or after? The reason is that not being scheduled, is the same as being fired simply because every employer would go around not scheduling people and never fire anyone so they wouldn't have to eat the cost of a claim. On the timing aspect, if it occured before you went on disablity, then you didn't quit. If it happened after the disability, it gets a little trickier because the UI people may be looking for you to have made some attempt to return to work.
Since I had been working part time at the store for well over a year, I had disclosed my pregnancy long before I was due to go out on disability. For some reason, the manager had major issues in general (everyone I worked with has quit due to her poor treatment of employees). I would always ask for more hours; she always had an excuse not to give them. Since I wasn't able to get another full time job, I took on an additional part time job in retail that was seasonal. In that time frame, I had to adjust my availability with the store manager from the store I had been with. She confirmed with me she would work with me so I could stay on schedule until my disability leave date, and would therefore be able to return to part time after child birth recovery. She kept telling me she would give me even just one day per week to keep me on schedule. During the two weeks leading up to my disability leave, I would call or stop in the store, and she would have an excuse for not putting me on the schedule. Now, their HR is claiming that I quit, but I didn't. She just did not keep her word to give me the hours she said she would. This was PRIOR to my going out on disability.
As the story evolves, there is now this second part time job. How do you know what job they are talking about in the denial? I'm pretty sure you can get UI, but you have to understand it's an ugly mess.
As the story evolves, there is now this second part time job. How do you know what job they are talking about in the denial? I'm pretty sure you can get UI, but you have to understand it's an ugly mess.
I do understand how it could be confusing, and obviously taking on additional part time jobs isn't something that I WANTED to do.
Let's refer to the part time job I'd held since 2013 as Retailer S; the part time seasonal job as Retailer M.
Since the store mgr at Retailer S would not increase my hours, despite numerous requests, I had to accept a temporary position with Retailer M. In telling Retailer S that I had to take on another job, she agreed to work with me and my availability between those two jobs. I held BOTH jobs for 4 weeks; in the two weeks leading up to my disability date leave, Retailer S did not put me on the schedule, even though she had repeatedly assured me she would do so, since I had all intentions of returning to part time after having the baby and being signed back into work by my OB.
When I received my notice of determination from NJ UI, stating that I voluntarily left my job on 12/4/14 (which is incorrect), the company and HR name/address listed on determination was that of Retailer S.
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