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Old 05-03-2016, 09:06 PM
 
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Quote:
Originally Posted by wedidwork4this View Post
I just feel like safety reasons should be looked at differently.
UI is driven by statutes, regulations, and court interpretations. As much as you think you are deserving, the UI system quite often fails people.

You should try to find decisions that relate to "domestic violence" and present your case so that it looks as much like the winning cases you read and less like the losing cases that you read. You just can't entirely put your faith in the way you see things.

There are no such resources for NJ that I know of, but NY has some good resources and hope that by reading them that NJ follows similar rules

https://www.labor.ny.gov/ui/claimant...ibenefits.shtm

Decisions Search | New York State Unemployment Insurance Appeal Board

I hope for the best for you, but I don't want you to be disappointed if it doesn't work out for you. It could be that good personal cause is allowed in NJ, and that might be the more the correct way to go.
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Old 05-03-2016, 09:39 PM
 
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This would be the best case to review to see how the NJ Courts look at domestic violence and Unemployment benefits. This case essential established some ground rules that DOL must follow when determining benefits where domestic violence is involved. It does establish that Domestic Violence doesn't have to be the sole and only reason, just the key element of the case. Unfortunately, I read nothing that extended a DV claim beyond the claimant. But have whomever is advocating for you look it over.
L.C. v. BOARD OF REVIEW DEPARTMENT OF LABOR :: 2015 :: New Jersey Superior Court, Appellate Division - Published Opinions Decisions :: New Jersey Case Law :: New Jersey Law :: U.S. Law :: Justia

However, as already mentioned, this is not a simple case and they may have to have it reviewed by others before issuing the actual written determination. It may be you are getting benefits and they need to decide who gets charged or if it's on the state.
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Old 05-03-2016, 09:45 PM
 
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See if you can review this and tell me what you think. /Domestic-Violence/NJ-Laws-DV/
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Old 05-03-2016, 09:49 PM
 
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LSNJLAW - New Jersey Laws About Domestic Violence

All I can do is hope......I will keep you posted.
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Old 05-11-2016, 12:33 PM
 
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Just an update....my husband and I did get denied and I have reached out to nj governors office and my legislator. The NJ SAFE ACT does confirm that safety reason is good cause.... each party has already contacted me back and said they would contact UI.....to say that my family and I relocated for personal reasons is an outrage. But I will keep you guys posted!
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Old 05-11-2016, 01:15 PM
 
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While the governor's office may help, you MUST preserve your rights by requesting an appeal hearing. Follow the appeal request procedures on your determination. Do NOT go into details. Simply submit "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."

I read this http://lwd.dol.state.nj.us/labor/for...D-289_9-13.pdf

No where in here did I see that it applied to UI benefits. It only looks to me that it allows you unpaid time off work without fear of being fired for it. However, you quit to move.

Last edited by Chyvan; 05-11-2016 at 01:29 PM..
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Old 05-11-2016, 02:24 PM
 
Location: Wisconsin
24,000 posts, read 51,822,420 times
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Quote:
Originally Posted by wedidwork4this View Post
Just an update....my husband and I did get denied and I have reached out to nj governors office and my legislator. The NJ SAFE ACT does confirm that safety reason is good cause.... each party has already contacted me back and said they would contact UI.....to say that my family and I relocated for personal reasons is an outrage. But I will keep you guys posted!
Once again a subjective issue on which no lower-level claims examiner will risk an approval. Happens all the time. A denial to be sorted out at the appeal level.

This decision is not surprising and is not cast in stone. You have a much better chance of winning at appeal. Unfortunately, it may be a couple months before you are given an appeal hearing. But, by all means, appeal this.

Per the NJ website:
Quote:
Quit

If you voluntarily quit your job without "good cause connected with the work," or if you voluntarily retire, you may be disqualified for benefits. "Good cause connected with the work," means that your reason for leaving must be directly related to your job and be so compelling that you had no choice but to leave the job. For example, a person quits work to move out of the area. While this is a good personal reason to quit, the reason for quitting is not connected with the work and the person would be disqualified.

There are exceptions to this disqualification. One exception may apply when the separation was related to or due to domestic violence. Another exception may apply when a spouse or civil union partner of an active military member leaves work to move with the military member who is transferred outside of the state.

Department of Labor and Workforce Development | Requirements for Payment<br>Quit
Post the decision if you can - all of it. I'm particularly interested in how violence experienced by your daughter in your home doesn't fit "domestic violence." Had it been YOU who had been attacked, NJ would have been hard-pressed to use "personal reasons" as grounds for a denial.
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Old 05-11-2016, 03:51 PM
 
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The denial just states your situation is compelling however personal. NJ SAFE ACT states you can relocate and it states you need your proof. My employer even stated that's the only reason why I relocated bc they were all aware as well. Had the documentation from SVU and Edison PD along with the first court date which was Monday. These men are charged with 2C:14-2 (1) and are active gang members. I feared they would retaliate like most gang members do when they are bailed out. But on a good note the commissioner of unemployment did call me (the governor office fwd my email to him) and he stated that the initial interview person is not authorized to approve cases like mine so it's normal that we were denied. He then said after reviewing what he saw was on file he stated he didn't see a reason why it wouldn't be overturned. He stated for us to keep claiming and everything should be fine it's just a process ugh.....meanwhile I'm robbing Peter to pay Paul.....
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Old 05-11-2016, 04:00 PM
 
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Oh and yes I mailed my appeal letter the same day I received the denial letter. I just then reached out to people who may can assist.
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Old 05-12-2016, 02:52 PM
 
Location: Wisconsin
24,000 posts, read 51,822,420 times
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Quote:
Originally Posted by wedidwork4this View Post
But on a good note the commissioner of unemployment did call me .....and he stated that the initial interview person is not authorized to approve cases like mine so it's normal that we were denied. He then said after reviewing what he saw was on file he stated he didn't see a reason why it wouldn't be overturned. He stated for us to keep claiming and everything should be fine it's just a process ugh.....meanwhile I'm robbing Peter to pay Paul.....
Fyi, it is NJ's practice not to hear claimant appeals for at least two months. Conversely, should an employer appeal, the appeal is scheduled within two weeks.

Since you are experiencing financial hardship because NJ's interviewers are not authorized to approve benefits clearly allowable under their code, NJ is unnecessarily visiting undue hardship on your family. I suggest you reach out again to the UI people and your state representative and insist on an expedited/short date for the appeal hearing and decision. Otherwise, you'll be waiting another three months before you see any money. Red tape and "the process" appear to be the only reasons you aren't receiving benefits now.

Congratulations, btw, on being proactive. Not everyone is.

Good luck.

Last edited by Ariadne22; 05-12-2016 at 03:10 PM..
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