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Old 12-04-2014, 01:22 PM
 
Location: Wisconsin
24,024 posts, read 51,872,425 times
Reputation: 19268

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Quote:
Originally Posted by needbenifits View Post
i was discharged for performance, lack of attentiveness to emails. i had a att present because i never had unemployment before and thought it would be better than not having one present
Atty at examiner interview is pretty much not necessary. Interview is fact-finding - not a forum to litigate issues. This is done on appeal. Interviewer will never take your word over the employer. Interviewer does not have that authority in most cases.

Essentially, you were discharged for poor performance. If you told NJ you were discharged for lack of attentiveness to emails, it's pretty much an automatic 8-wk dq - unless your employer says you did not intend to commit this inattentiveness.

Employer response will be determinant on how NJ view this. No employee willfully performs poorly, as a rule. But, NJ always assumes the worst - unless employer response says the opposite.

If employer responds without addressing the issue at all, then, in the end, you have confessed to poor performance unnecessarily, giving NJ the opportunity to apply the penalty, anyway.

You'll just have to wait a few more days. You'll find out soon enough if there is money in your account next week. Otherwise, you'll be getting a letter on an 8-wk dq. After the 8 weeks has elapsed, NJ will begin weekly payments for future weeks claimed. The overall amount of your award is not reduced - you just don't start to collect until after the 8-wk dq period.

Also, a follow up report when you finally know what's what would be appreciated. Thanks.

Meanwhile, keep claiming.

Last edited by Ariadne22; 12-04-2014 at 01:35 PM..
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Old 12-06-2014, 08:44 AM
 
3 posts, read 23,348 times
Reputation: 11
My att called yesterday after doing follow up on status, i was awarded ui and should rec a deposit monday.
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Old 12-06-2014, 09:04 AM
 
Location: Wisconsin
24,024 posts, read 51,872,425 times
Reputation: 19268
Thanks for the update. Do you know if employer responded to NJ and what they said?
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Old 03-16-2015, 09:16 AM
 
1 posts, read 3,924 times
Reputation: 10
I had to resign from my job because that was the only option my job gave me. Will I still be able to collect unemployment?
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Old 03-16-2015, 09:55 AM
 
14,508 posts, read 27,838,454 times
Reputation: 2562
Quote:
Originally Posted by Luvher27 View Post
I had to resign from my job because that was the only option my job gave me. Will I still be able to collect unemployment?
Maybe, but you made a terrible mistake in resigning. You now have the burden of proof that you had no choice but to resign right then and there. Depending on what you put in your letter of resignation, it's quite possible that your employer's version will be, "we never said that," or "we would have fired him, but that could have taken days because we'd have to get more documentation and HR's involvement."

In an effort to get a good reference, many claimants in these situations write a letter of resignation along the lines of "my life is going in a different direction, and while I'm sorry to go, my last day will be . . . ." It's a really tough sell with a letter that says that that you'd have been escorted out the door had you not quit especially in the absence of the employer corroborating the quit or be fired situation. Employers know this game and they do it hoping you'll take the bait because it can save them a lot of money, and leave you feeling like a victim. You're out your job, and because of your own actions, you substantially impaired your probabilities of UI.

Even if you hadn't quit, the employer would have still had a shot at proving misconduct, and you'd have still been denied, but the burden of proof is a pain for most anyone.

You should apply for UI just the same and hope for the best, but just know what you're up against. If you get denied in the beginning, appeal it. It's one thing to lie to a deputy, but after taking that oath at a hearing, some people can have a really hard time be convincing when they know they are not being entirely truthful.
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Old 12-21-2015, 08:21 AM
 
1 posts, read 3,219 times
Reputation: 11
this is my very first time doing unemployment , I went through the process and yesterday sunday 20th I filed my claim but I checked my status and it still says my claim is pending. what does that mean I'm from nj
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Old 12-21-2015, 09:14 AM
 
14,508 posts, read 27,838,454 times
Reputation: 2562
It means that NJ is still investigating the circumstances surrounding your separation from employment.
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Old 01-04-2016, 09:01 AM
 
1 posts, read 3,169 times
Reputation: 10
I applied for NJ benefits. I received letter from NJ unemployment office regarding monthly amount. I checked online and saw "claim is pended and call back Monday thru Friday 8:30am to 4:30pm". I live in NC and have called the out of state # 1-888-795-6672 regularly Which tells me they are too busy to answer my call. It's not a good experience. I'll try calling the other NJ numbers. Is there a way to send them email?
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Old 01-04-2016, 11:02 AM
 
14,508 posts, read 27,838,454 times
Reputation: 2562
Getting a letter about your benefit amount is NOT a guarantee that you're getting benefits. If you were fired or quit, it can take NJ nearly 8 weeks to decide if they will send you the money.
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Old 01-13-2016, 03:59 PM
 
1 posts, read 3,109 times
Reputation: 10
Does anyone know how to actually speak to someone. Too busy to take calls, all day!!!
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