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I had worked 16 months straight for one employer which worked on commission only and the money was getting worse and worse each month, so I then left that job because I was offered a higher paying job with a new employer. After working for the new employer for 6 weeks, I was fired because of a scheduling misunderstanding. The letter stating the reason for denial of benefits said that "You left your job voluntarily to accept other employment. Although accepting other employment is a valid reason, it is personal. Therefore, this reason does not constitute good cause attributable to the work." Does anyone think I can appeal this and win? If so, how? By the way this is for NJ unemployment.
In NJ, you need to be employed for longer than six weeks in order to claim unemployment from a layoff following a quit . We had a lengthy thread on this issue which I can't find at the moment. Turned out OP found another job and didn't need UE, but in the process of inquiring discovered NJ had just changed its laws. I think you missed qualifying by two weeks.
Do some research on case law in NJ, or call NJ. Possibly you'll get a rep that knows something. Most states don't disallow unemployment in a situation like yours, but there are guidelines on how long you must be employed before the layoff occurs. An extreme state is Maryland, which doesn't allow UE after a quit for 18 months.
Let us know what you learn. Good luck.
Last edited by Ariadne22; 12-15-2011 at 07:21 PM..
In NJ, you need to be employed for longer than six weeks in order to claim unemployment from a layoff following a quit . We had a lengthy thread on this issue which I can't find at the moment. Turned out OP found another job and didn't need UE, but in the process of inquiring discovered NJ had just changed its laws. I think you missed qualifying by two weeks.
Do some research on case law in NJ, or call NJ. Possibly you'll get a rep that knows something. Most states don't disallow unemployment in a situation like yours, but there are guidelines on how long you must be employed before the layoff occurs. An extreme state is Maryland, which doesn't allow UE after a quit for 18 months.
Let us know what you learn. Good luck.
As you know,Ariadne, I`m going through this right now. Maryland does allow a quit but there has to be good reason or cause. If you quit a job in Maryland, any employer you had within the previous 18 months can contest the unemployment. Then you have to go to an appeal. Not sure if it`s the same in NJ.
I had worked 16 months straight for one employer which worked on commission only and the money was getting worse and worse each month, so I then left that job because I was offered a higher paying job with a new employer. After working for the new employer for 6 weeks, I was fired because of a scheduling misunderstanding. The letter stating the reason for denial of benefits said that "You left your job voluntarily to accept other employment. Although accepting other employment is a valid reason, it is personal. Therefore, this reason does not constitute good cause attributable to the work." Does anyone think I can appeal this and win? If so, how? By the way this is for NJ unemployment.
I`m going through almost the same thing in MD. The only difference was that I wasn`t fired but the new company closed their local office after 3 months. So I was laid off.
I was denied benefits for the same reason as you, by my previous employer ( the one I quit) and had to go through an appeal. I`m waiting to hear the results. I`ll let you know how it turns out. Perhaps NJ is different.
Pay cuts can give "good cause" to quit. For any chance at winning on appeal, you need to show via pay stubs (or hope that your employer admits it) that you were getting less and less pay. Have a paystub from the new job showing how much better off you were on the new job. You want show that the former employer's wage reductions coupled with the superior amount offered by the new employer gave you "good cause" to leave the former and employer, and that the new offer was "compelling" rather than "personal." Other factors that can boost compellingness is if the new job was closer to home, had a more desireable schedule, and better fringe benefits.
I wouldn`t be quick to say no. You have to appeal. It is my understanding that UI will practically always deny the initial claim if you quit your job. You have to appeal and show there was GOOD CAUSE. That is the key. I know in Maryland, it says if you leave employment WITHOUT GOOD CAUSE you have to work at least 8 weeks and earn 15x your weekly amount. It comes down to GOOD CAUSE. If you can convince the examiner in an appeal that you had a good reason for quitting then you could win. But the burden of proof will be on you.
I have been reading up on this quite a bit in recent weeks because of my similiar situation. I still may lose. But a quit doesn`t necessarily mean you can`t collect. But you positively have to show a good reason for it.
If they deny me benefits after my appeal,then I would conclude it would be impossible to collect if you quit...lol... I had 2 valid reasons. Good luck.
OP has the other issue of not enough time on this new job. NJ currently requires 8 weeks/earnings of 10x wbr in order to qualify for a claim. Because he doesn't meet that standard for the job from which he was laid off, NJ has gone back to his previous employment. Of course, that previous employer will contest a claim because OP quit for another job. They don't feel they should be responsible for this firing/layoff. In hindsight, OP might have been better served to have filed for UE after quitting the first job because of declining income. At least he had the tenure there.
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