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I was determined ineligible for benefits due to gross misconduct and appealed the decision. Last week I had my appeal hearing and I received the decision in the mail today. The decision was in my favor, however, I'm confused as to whether or not I'll actually receive benefits. The language contained in the letter seems contradictory to me (Opinion vs. Decision)...I'm hoping another set of eyes can help me understand what was decided. If you need additional info about my circumstances, don't hesitate to ask. Thank you.
OPINION:
The reason for the claimant's unpaid suspension in this isntance, a question of whether the claimant violated the employer's policy by performing work in a public location is not punishable as a crime under the first, second, third or fourth degree under the "New Jersey Code of Criminal Justice", N.J.A.C. 2C1-1 et seq. and no disqualification arises for gross misconduct connected with the work. It remains to be decided, however, whether or not the claimant's actions rise to the level of misconduct.
The employer has failed to provide substantial evidence or testimony from a first-hand witness that the claimant violated the employer's policies. The claimant has denied all allegations of misconduct connected with the work. The claimant's action in working in a public location does not constitute simple misconduct connected with the work and the claimant is accordingly disqualified for benefits under N.J.S.A. 43:21-5(b).
The matter of the claimant's eligibility for benefits for later reported weeks of unemployment is remanded to the Deputy for an initial determination.
This decision will have an impact on the employer's liability for benefit charges against its experience rating account. The Deputy will make necessary adjustments and notify the employer thereof, including notice of the employer's right of appeal.
DECISION:
The claimant was not suspended without pay for gross misconduct connected wit the work from 2/9/14, in accordance with N.J.S.A. 43:21-5(b).
The matter of the claimant's eligibility for benefits for later reported weeks of unemployment is remanded to the Deputy for an initial determination.
No disqualification arises under N.J.S.A. 43:21-5(b) as the claimant was not suspended for misconduct connected with the work.
This decision will have an impact on the employer's liability for benefit charges against its experience rating account. The Deputy will make necessary adjustments and notify the employer thereof, including notice of the employer's right of appeal.
I think there is a typo in the decision. However, to get it fixed, you need to appeal to the board of review, call the judge and see if he'll fix it, or you can hope the department gets it right. As it stands now, it looks like you're getting hit with the the simple misconduct delay of benefits at a maximum, but depending how you read it, it should be that you did nothing wrong.
Yep, there is something wrong in the way the decission was written. The wording almost gives me the impression you may have applied for benefits during a period you were still technically employed. Can you enlighten us a bit on the whole events of termination as that may explain some of it.
Yep, there is something wrong in the way the decission was written. The wording almost gives me the impression you may have applied for benefits during a period you were still technically employed.
What that wording means is since there was an initial finding of "gross misconduct" which resulted in an 8-week work requirement
Quote:
To remove a "gross misconduct" disqualification, you must return to work for at least eight (8) weeks, earn ten (10) times your weekly benefit rate, and become unemployed through no fault of your own.
deputy, on remand, now has to remove this penalty and grant benefits, per this:
Quote:
The matter of the claimant's eligibility for benefits for later reported weeks of unemployment is remanded to the Deputy for an initial determination.
OP - you've been granted benefits back to date of discharge - there is no misconduct. But that typo which says:
Quote:
The claimant's action in working in a public location does not constitute simple misconduct connected with the work and the claimant is accordingly disqualified for benefits under N.J.S.A. 43:21-5(b).
may confuse the deputy - although the reasoning is clear:
Quote:
The employer has failed to provide substantial evidence or testimony from a first-hand witness that the claimant violated the employer's policies.
So, hopefully, the deputy will just grant benefits. Otherwise, you'll need to contact NJ on the typo.
How long did it take you to get this, far, btw??
When did you file for benefits?
When was the appeal heard?
When did you get the decision?
What that wording means is since there was an initial finding of "gross misconduct" which resulted in an 8-week work requirementdeputy, on remand, now has to remove this penalty and grant benefits, per this:OP - you've been granted benefits back to date of discharge - there is no misconduct. But that typo which says:may confuse the deputy - although the reasoning is clear:So, hopefully, the deputy will just grant benefits. Otherwise, you'll need to contact NJ on the typo.
How long did it take you to get this, far, btw??
When did you file for benefits?
When was the appeal heard?
When did you get the decision?
Hi,
I was discharged (suspended without pay) on 2/10/14. I didn't know I could/should file for unemployment because I've appealed the suspension/discharge so I didn't file my initial claim until 3/9/14. I had my telephone interview with the deputy on 4/17/14, but no benefits were paid because my there were "issues" with my initial claim (I speculate the suspension). The deputy's decision was mailed 4/24/14 to which I appealed on 5/5/14. I received the appeal hearing notice on 5/20/14 scheduled for 6/3/14. The appeal examiner mailed the decision on 6/4/14 and I received it on 6/7/14. From what I've read in this forum, the timing of the appeal scheduling and decision is almost unheard of in NJ, but the law states appeals for gross misconduct must be handled expeditiously so I assume that's why. I'm a public servant (State worker)...I've worked for the same department for close to 25 years and never been disciplined so this is all new to me but I'm going to fight for my job back; however, I don't understand how State government expects people to survive through this process. I've begged & borrowed, applied for every assistance program known to man, and still nothing. This decision, albeit confusing, showed me a glimmer of light at the end of the tunnel. As a public servant, I find the customer service skills of State employees appalling!
I think there is a typo in the decision. However, to get it fixed, you need to appeal to the board of review, call the judge and see if he'll fix it, or you can hope the department gets it right. As it stands now, it looks like you're getting hit with the the simple misconduct delay of benefits at a maximum, but depending how you read it, it should be that you did nothing wrong.
I wasn't sure if I should appeal because that sentence was in the "opinion" section and the "decision" section is clear. Since I only have 20 days to appeal to the Board of Review, I'm uncertain if I should wait for the Deputy's decision or appeal to ensure the final decision is accurate and recorded on file accordingly? Thoughts?
I had a similar dilemma. I had a board of review decision that remanded to the department. I could have appealled to the appellate court, or let the department do it's thing. Your appeal to the board is a pretty simple write up. Give the department right up until the last second, but know the proper day to get a postmark.
Because of the quirk in NJ and a simple misconduct penalty, you actually get credit back to 2/10 when you didn't even know you could apply. Win or lose in this matter, it's looking like the worst is that you get a 4 week delay to your benefits, and that's certainly over with at this point.
Apparently something is going my way because UI loaded 6 weeks of benefits (3/9 through 4/19) into my account on 6/9. Of course, Bank of America sits on it before they make it available to me, but that's another battle I have yet to win. I was so discouraged with this whole situation but this has put a new spin on everything I'm going through...maybe this will work out after all...I will remain cautiously optimistic!
Thank you all for the insight, I greatly appreciate it.
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