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Stop listening to the amateurs here who can't help you and consultant with an attorney.
Of course members have the option to consult an attorney. But the attorneys read the same NJ UI statues in place as every other person is able to do. And plenty of NJ claimant's used attorneys and ended up with the same result regarding their VQ. It's an unemployment forum of which members come to seek advice from others. Most times it's the mistakes of others that helps the next person. Sadly no one does their own due diligence regarding their unemployment benefits. If they had they would have known what is required of a voluntary quit in New Jersey before seeking out UI benefits. All W2 employees should know the rules of engagement when it comes to their UI benefits. It's the claimant's responsibility to educate themselves. And to make matters worse, appeals without merit only further add to NJ's appeal tribunal's backlog (which has been months and months behind.. i.e., a month ago they were still working on Sept/October 2021 appeals).Appeals without merit further delay those with merit. EVERYONE thinks they have grounds for an appeal which just isn't the case.
Of course members have the option to consult an attorney. But the attorneys read the same NJ UI statues in place as every other person is able to do. And plenty of NJ claimant's used attorneys and ended up with the same result regarding their VQ. It's an unemployment forum of which members come to seek advice from others. Most times it's the mistakes of others that helps the next person. Sadly no one does their own due diligence regarding their unemployment benefits. If they had they would have known what is required of a voluntary quit in New Jersey before seeking out UI benefits. All W2 employees should know the rules of engagement when it comes to their UI benefits. It's the claimant's responsibility to educate themselves. And to make matters worse, appeals without merit only further add to NJ's appeal tribunal's backlog (which has been months and months behind.. i.e., a month ago they were still working on Sept/October 2021 appeals).Appeals without merit further delay those with merit. EVERYONE thinks they have grounds for an appeal which just isn't the case.
You can read all the statues and legal documents you want, but it is an attorney who would properly challenge their claim/mistake and get it corrected since they did approve and pay the claim. You aren't an attorney with employment law experience, which is why the OP needs one. I find it disingenuous to cloud the issue with your word salad to support that the OP shouldn't even try and consult with one. Many attorneys charge nothing to talk to them for the initial consultation. And even if it costs a couple hundred dollars to be correctly information, it is well worth it when faced with having to pay $23K back. Appeals and their backlog is not the OP's concern, suggesting the OP take the $23K on the chin cause you don't think it is a worthwhile claim. $23K to the OP says it is worthwhile. You have no logic, and I've added you to my ignore list.
It was shocking to me. So how do I deal with this?
First, understand that NJ has already gone through this in court. They have the legal right up until the SOL expires to come and get any overpayment. The Courts have ruled that there are only 4 options to avoid an unemployment overpayment when a Voluntary Quit is involved.
1. Prove that the quit was for just cause which make you eligible for benefit.
In essence, you (as I've been saying from the start) show that your quiring meets the requirements of just cause. You mentioned two reasonings for you quitting; toxic mold and COVID issues. Now, what do you have to show that one or the other rose to the statutory level of a health hazard that resulted in your only option of quitting?
2. Prove that the issuance of the benefit was based on malice by the State.
If you can show that the State approved your benefits knowing full well you were not eligible and did so in order to deliberately harm you with the over-payment, you have the making for a malice defense and forgiveness.
3. Being eligible for pandemic benefits.
The federal government had various "pandemic" unemployment programs and if it turns out you were eligible for one of them, there are options for forgiveness.
4. By Court Order.
You can attempt to file a civil suit against the state for some reason that ends up with a court order wiping out your overpayment. To date, I believe only the pandemic benefit court ruling has been successful. To get a court to just forgive a VQ quit overpayment due to an error by the State would need to reach the NJ Supreme Court as they were the ones who green lit overpayment collections based on mistakes.
I still believe your best option is to stand on Just Cause and have benefits approved.
You can read all the statues and legal documents you want, but it is an attorney who would properly challenge their claim/mistake and get it corrected since they did approve and pay the claim. You aren't an attorney with employment law experience, which is why the OP needs one. I find it disingenuous to cloud the issue with your word salad to support that the OP shouldn't even try and consult with one. Many attorneys charge nothing to talk to them for the initial consultation. And even if it costs a couple hundred dollars to be correctly information, it is well worth it when faced with having to pay $23K back. Appeals and their backlog is not the OP's concern, suggesting the OP take the $23K on the chin cause you don't think it is a worthwhile claim. $23K to the OP says it is worthwhile. You have no logic, and I've added you to my ignore list.
I believe I said of course a member has the option to consult an attorney. But the claimant will still need to be able to provide the attorney with the facts surrounding the VQ which is what was explained to the OP in detail further up the thread. No reason to get so heated over a post. Point of it was that people should understand what is involved with a VQ and UI benefits BEFORE quitting a job so that they have properly positioned themselves to be able to collect on the claim.
Besides, it doesn't matter if attorneys like a case or not anyway, it's their job. We all do jobs we don't like. The OP needs an attorney this is a lot of money and shouldn't be handled by an amateur. Nor should the OP be persuaded not to get an attorney.
It does matter, because attorneys get to choose their clients and cases. They are not obligated to take any old case because it "is their job". Most attorneys will hear the facts and then determine the probability of winning the case after sizing up the risk. The OP has never mentioned once, that he has any evidence that it was an unsafe environment, which is required to win the appeal. While certainly consult an attorney, but I wouldn't expect someone to take it on.
But, please note, there are some very unscrupulous attorneys who will take on the case, at a very, very expensive hourly rates, with no expectation of winning; just an expectation of getting money from the client. It does not sound like the OP will benefit from this situation at all.
What bothers me is that this is NJ's mistake. They let me claim benefits so I thought everything was ok. Then in July 2022 they tell me that they decided I don't qualify. They should have told me that in July 2021!
It seems to be partially their mistake but also partially your mistake in not ascertaining and documenting your eligibility before quitting. Rabbrita asked if you could prove anything you say. Do you have pics of this mold? Did any co-workers complain or quit over this mold? Did anyone have health issues?
It does matter, because attorneys get to choose their clients and cases. They are not obligated to take any old case because it "is their job". Most attorneys will hear the facts and then determine the probability of winning the case after sizing up the risk. The OP has never mentioned once, that he has any evidence that it was an unsafe environment, which is required to win the appeal. While certainly consult an attorney, but I wouldn't expect someone to take it on..
Usually that means there is none. Especially when one keeps returning to repeat their story but ignoring repeated questions about proof.
When I received UI for the first time in my life in 2020, it was very clear that I might have to repay any benefits improperly received for any reason. It made me nervous even though it was a rock solid covid claim. April 2020, corporate furloughs, company statement that it was not due to performance and urging us to apply for UI, etc. Even though the state had suspended work search requirements, I was in fact searching for work and kept a detailed log of every phone call, letter, application, interview.
When I received UI for the first time in my life in 2020, it was very clear that I might have to repay any benefits improperly received for any reason. It made me nervous even though it was a rock solid covid claim. April 2020, corporate furloughs, company statement that it was not due to performance and urging us to apply for UI, etc. Even though the state had suspended work search requirements, I was in fact searching for work and kept a detailed log of every phone call, letter, application, interview.
Agree they've always said since day one those PUA claims would be reviewed.. they rushed to get money out to people and stated they would be reviewed. Further federal guidelines in early 2021 "prompted" states to come back requesting the proof of wages or proof of job offer rescinded due to COVID to show an attachment to the labor force during the wage base period based on the PUA claim date. Which is why all PUA claimants in NJ received E adjudication forms to provide that information regardless if part of their earnings were W2 earnings and already in the system. Many people "missed" or "ignored" the email and claims went to not payable and then were deemed invalid and overpayment notices issued. Hers is pertaining to the validity of the VQ but again without proof of what she professes it will be a hard win. She is a regular UI claimant but either way she would need something to show she brought it up and gave the employer a chance to rectify the situation.
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You have no logic, and I've added you to my ignore list.
