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I was terminated from my job after about 2 years or so. I was working for a tire distributor and I made a mistake.
Normally, we drop off tires and have the customer sign an invoice, and then we leave. One morning, a customer wasn't open at about 6 AM. I saw they had a locked, fenced off area so I put the tires in there and went on my way. It is a low traffic area - I wouldn't have left it on the street. When I got back to the warehouse in the afternoon, I was called into my bosses office and I was told that I did a bad thing - I left tires without getting a signature, and the customer is pissed. Apparently they went around calling all the higher ups in my company, and he said because of that, they would have to let me go - and that was my last day on 2/26. The customer still received the tires, but my boss said this was inexcusable that I did that.
I was fired without my union rep there (does that matter?) and my boss never pointed out a specific rule in the handbook or anything that says what conditions must exist for you to leave a delivery. I asked if there was anything I could do - my boss said "I don't think so", so I called my union rep and he told me to apply for unemployment while he was seeing if I could have a second chance with the company - which was rejected.
Anyway, I had my 20 minute or so interview with the claims examiner on Monday 3/21, and it seemed to go okay. He was asking if I had ever been written up, given a warning, whether my union rep was there when I was fired, whether or not my boss pointed out a specific rule in the handbook when I was fired - he even said a few times "I don't see why they were so mad even though they got the tires". My employer wasn't available to talk on the phone on Monday, so he said they had 48 hours to get back to him. My status says "your claim has been pended", so I guess it's just a waiting game now.
When you get fired from a job, that is all you say. None of this explaining yourself stuff. Now, by your own words you admitted to something that can be perceived as a bad act. NJ has simple misconduct. They dole it out like candy. You also made your employer's job easier and lost the opportunity to get UI benefits by default when they don't bother fighting your UI claim.
Quote:
Originally Posted by downbdownb
Will I need to appeal anything, or will benefits come after the 8 weeks?
If you want to appeal the 8 week disqualification, you can, but you run the risk of it being upgraded to "severe misconduct." It's not automatic. You get a letter, and you have to call NJ UI when your 8 week disqualification period is up to REopen your claim.
When you get fired from a job, that is all you say. None of this explaining yourself stuff. Now, by your own words you admitted to something that can be perceived as a bad act. NJ has simple misconduct. They dole it out like candy. You also made your employer's job easier and lost the opportunity to get UI benefits by default when they don't bother fighting your UI claim.
If you want to appeal the 8 week disqualification, you can, but you run the risk of it being upgraded to "severe misconduct." It's not automatic. You get a letter, and you have to call NJ UI when your 8 week disqualification period is up to REopen your claim.
Damn! I received the one letter saying "you may have been separated from your job as a result of misconduct" - I took that as my employer already told them the whole story and brought up the misconduct - unless that's something they put on all forms..
Is it 8 weeks from the firing date, or 8 weeks from the date they make the decision?
Damn! I received the one letter saying "you may have been separated from your job as a result of misconduct" - I took that as my employer already told them the whole story and brought up the misconduct - unless that's something they put on all forms..
Is it 8 weeks from the firing date, or 8 weeks from the date they make the decision?
Even had employer not responded to NJ and you begin to receive benefits, most likely the employer will appeal when it receives notification of the claim approval. In that case, NJ immediately suspends benefits and holds an appeal hearing. So, don't beat yourself up too much. There's a 75% chance you would have had to face the misconduct charge at some point.
Fyi - 8-week dq is standard in NJ - any whiff of misconduct and NJ imposes the penalty - doesn't matter what you say. Don't take it personally. It is NJ's way of NOT denying you entirely which many states due in cases of misconduct - and satisfying the employer that you are getting some form of penalty. Your employer may still appeal the 8-week dq, but most don't.
At the end if the ninth week after discharge, you will begin to collect benefits. You will need to call NJ to activate the payments.
Status is still 'your claim has been pended', and I haven't received any letter in the mail yet. Is there someone I should call/email, or is it just a waiting game? I'm fine with the 8 week DQ - I would just like to be aware of it.
Count out 8 weeks from 2/29, that's about when you can expect the decision in the mail. They give out so many 8 wk dq periods, that it's how they schedule things.
Got my letter in the mail Saturday, saying to call to reopen my claim today. I sat on the phone for 15 minutes or so before it ended the call with me, stating that all agents were busy and told me to reopen my claim online using their website. I did that, but I would still feel better if I was able to speak with someone over the phone.
The letter states: 'you are disqualified for benefits from 2/21/16 through 4/16/16'. Simple misconduct, blah blah. So I should receive benefits 4/17?
Edit - just called one of the other NJ numbers, and same thing - disconnected after 12-15 minutes or so. Should I trust the online form to reopen it? Is there a better number to call?
Last edited by downbdownb; 04-11-2016 at 07:53 AM..
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