Disqualified for ui benefit in nj (collect, receive, apply, payment)

[Jobhunter11]

I need some help. I was pulled over on July 27th because my nj license was suspended. I did not receive a ticket because I explained to the officer that I had no knowledge of the suspension. However he advised me not to drive. Since I was a sales rep and my job required me driving to customers home and try to sell them home improvement products I text my manager and told him about the situation and he told me to call the appointment center and get the appointment I had that day rescheduled. I told him I was going to dmv the next day to try and find out why I was suspended and to get my license back and he state that was fine. He text me on July 28th and told me that he is firing me because of the suspension. I was confuse as to why I was being fired after the conversation we had previously the day before.

I applied for ui and was given an eximiners interview on 9/18 I spoke to a lady by the name of Ms. Brown. I told her I wasn't sure why I was fired I was never given a letter to sign stating why I was fired and read her the text message between me and my manager stating I was getting fired. Now today I received a letter from nj stating I was disqualified.

"You are hereby notified that based upon the facts obtained and in accordance with the New Jersey unemployment compensation law, the deputy (name below) has determined that:

You are disqualified for benefits from 07/26/15 and will continue to be disqualified until you have worked eight or more weeks in employment and have earned at least ten times your weekly benefit rate.

You left work voluntarily on 07/28/15.

You were employed in a position which required a valid drivers license as a prerequisite of employment. Your position was solely dependent on possession of this license. Employment ended when you lost this license for committing a voluntary act. You were aware that your actions could jeopardize your license. Therefore, your separation is considered to be voluntary quit without good cause attributable to the work. You are disqualified for benefits.

Deputy:

E Samuels"

How can they say that I quit my job when I was clearly fired from my former job? And why the deputy that decided on my case is not the lady I talked to? Should I appeal or is there a way I could get this handled without going through the long appeal process. I can't afford to be without any source of income for that long and I can't seem to get a job. Someone please help

[Ariadne22]

On its face, at this point you are ineligible whether or not you were fired or quit. Employer has a reasonable expectation of a valid driver's license. Your issues are not employer's problem.

In short, NJ saying you quit - instead of employer firing you isn't relevant. You did not meet the criteria for the job.

There is no one to telephone on this or circumvent the NJ appeal process. Your only option is to appeal, explain you weren't aware of any issue with your license, your employer terminated you before you could clear up the issue, you did not quit.

Be prepared at the hearing to describe exactly what you discovered when you visited DMV - what you did to correct the issue.

You might win the appeal - maybe. Your odds are about 35-40%, sorry to say.

[Jobhunter11]

Thanks Ariadne22.
I appreciate your reply.
I just find it hard to accept the fact that I am being told I quit my job for the simple fact that my license got suspended. The moment I found out I advised my manager of the situation. Also it state that "You were aware that your actions could jeopardize your license" I was not aware of any actions regarding my license. And stating I quit voluntarily is an automatic dq in nj instead of stating I was fired for violating a company policy of some sort. I just feel as if nj is trying to find any reason they could to avoid paying ui benefits.

How long would it to get an appeal hearing?

[Rabrrita]

You are trying to apply criminal process to an administrative determination. Your job required you to have a valid operator's license. Not having one is outside your employers activities and rest on your shoulders. NJ is assuming you had the standard three notices from the Court and Motor Vehicles about the suspension.

Instead of getting all riled up over the words "Fired", "Quit", "Aware", etc, which doesn't really change anything, how about concentrating on getting the license, getting employment, and getting benefits after an appeal. Is that what you want, or would you rather fight Terminology Windmills?

So, lets start with the most basic fundamental item that can take this from no benefits to benefits; what was the reason motor vehicles gave for the suspension??

[Jobhunter11]

Well when I went to dmv they told me it was for surcharge payments. I am looking for help on how to get my ui benefit. I have exhausted all my savings bee at this for almost three months I just now today received a decision regarding my eligibility.

My uncle had accidentally changed my entire families address when he moved out of our house to nc so I truly had no idea my license was suspended

[Ariadne22]

Originally Posted by Jobhunter11

Well when I went to dmv they told me it was for surcharge payments. I am looking for help on how to get my ui benefit. I have exhausted all my savings bee at this for almost three months I just now today received a decision regarding my eligibility.

My uncle had accidentally changed my entire families address when he moved out of our house to nc so I truly had no idea my license was suspended

We know you are looking for help. And, there are many circumstances under which you could be fired or quit and still collect benefits. This isn't one of them.

Your wanting help does not change the reality that unemployment law does not consider personal issues such as change of address resulting in your not knowing about a driver's license issue, lack of which resulted in a job loss for you.

Again:

1. Quit or fired is of no consequence - the decision would have been the same either way
2. Relevant IS lack of valid driver's license

You would be disqualified because of #2 - even if decision had said you were fired. Employer is not obligated to make a concession for your lack of driver's license, nor is employer obligated to pay unemployment benefits because of this lack of driver's license, nor is employer obligated to cut you slack because you didn't get your mail.

You were disqualifed because:

You were employed in a position which required a valid drivers license as a prerequisite of employment. Your position was solely dependent on possession of this license. Employment ended when you lost this license for committing a voluntary act. You were aware that your actions could jeopardize your license.

This statement is IRRELEVANT to the final decision:

Therefore, your separation is considered to be voluntary quit without good cause attributable to the work.

Now, I am NOT being snarky. Just trying to unequivocally make the POINT - that lack of driver's license is the ONLY issue here.

As I said earlier, you can appeal citing you were fired and didn't quit, and there were extenuating circumstances for lack of driver's license and that you were fired because of it - and see if NJ will make an allowance. But, lack of driver's license will still disqualify you - unless you meet with a particularly sympathetic ALJ..

While you are awaiting appeal, best now to look into any help available through NJ social services until you can find another job.

[Rabrrita]

Originally Posted by Jobhunter11

Well when I went to dmv they told me it was for surcharge payments. I am looking for help on how to get my ui benefit. I have exhausted all my savings bee at this for almost three months I just now today received a decision regarding my eligibility.

My uncle had accidentally changed my entire families address when he moved out of our house to nc so I truly had no idea my license was suspended

What is a "surcharge payment"? How did it come about?

As for the change of address, you will need some form of proof that you never changed your address; you had no idea the address changed; you never authorized anyone to change your address; AND (the big "and") that a similarly situated person in the same position would never had known the address was changed.

However, that is secondary to the main issue of unemployment; the suspended license, how, why, when. That's the one and only issue that you will need to address satisfactorily to even be considered for benefits. Unless you can meet the very thin, narrow, razor sharp exemption, benefits are highly unlikely.

[Jobhunter11]

Surcharges are a yearly charge that dmv in this state charge anyone on top of the original ticket payment. When I was pulled over on the 27th that was the first time I was made aware of the fact that my license suspension and at that same moment I text my manager to advised him of it. I know it was my responsibility and not my job's problem but I did not purposely or knowgly allowed my license to be suspended nor was I aware that I was going to lose my job if it was.

When I was first hired I never received a handbook that outlined any policies the only thing I was told at time of hiring and signed was the employment at will notice and the drug policy notice.

I asked my manager for time off to go handle the situation and he said okay and that he wouldn't assigned me any appointments unti I told him my license was no longer suspended. And the next day at 9 in the morning he text me and fired me. I still have the text conversation between him and me. I also could get currently employees to testify on the fact that none of us were aware that we would be fired because our license were to be suspended.

[Rabrrita]

Your really are not getting this!!!!!!!!!!

The issue is and is only about the suspended license! That's it. Forget everything about your employer as they are out of the picture! If you are required to have a valid license for employment, and you did not have a valid license, YOU HAVE NO JOB!!!!! Fired, quit, knowingly, handbooks, policies, request for time off, texts, etc, etc, etc is just something that is causing you to lose sight of the one and only issue, the suspended license.

I don;t know how many time we have to tell you, but focus on the suspended license and not the actions as a result. You have a suspended licenses and your employers actions are 100% justified and is not arguable. You can waste everyone's time focusing on that or you can get right to the issue and deal with that.

So, you are saying that the surcharge was a fee that is imposed on top of a monetary penalty that was the result of some traffic infraction?

If so, I'm not understanding how they can impose a fee but never tell you that fee is or will be imposed? How do you know you are supposed to pay it?

[Jobhunter11]

I am sorry but I would highly disagree. Yes my license being suspended is the reason why I was fired however by stating that I voluntarily quit without good cause is in my opinion wrong. If my license is required to perform my job and I was not able to meet that requirement for employment is good cause for quiting my job if I were to quit my job.

If you guys feel as if this is a waste of you guys time please feel free to just ignore this thread if you guys could provide any insight that could help than by all means please feel free to reply with any help you might be able to offer.

I understand the focus is on the license but in legal issues wording is everything and this notice of determination is now a legal document which in my opinion contains inaccuracies I feel I could use to my advantage and was hoping someone would help find them use them.

Thanks