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I know that feeling I had my hearing last week. Today, seven days exactly, I received my decision. Due to lack of evidence and ill preparation by my former employer I got the decision reversed and now will finally begin recieving the benefits after three grueling months. Now I have to call the bank to let them know that the checks on its way so they wont come steal my beloved jeep from me. That sigh after three months of no income, dodging collectors is refreshing.
I know that feeling I had my hearing last week. Today, seven days exactly, I received my decision. Due to lack of evidence and ill preparation by my former employer
Oh wow! What state are you in? And what were you let go for? Glad you finally got your money. These people and the state don't care that you have a bills or a family to take care of.
NJ is amazing. They made their laws so that they benefit businesses leave people to struggle...
They disqualified me for the 7 weeks for simple misconduct. And I quote " You were discharged for negligence related to work. Your actions were of such a degree as to constitute a willful and deliberate disregard of the standards of behavior your employer had a right to expect. therefore, your discharge was for simple misconduct connected with the work."
Most states don't have a simple misconduct rule. You're going to get benefits but you just have to wait. So consider yourself lucky in that respect.
Use the time and submit a appeal request to hopefully get the mistake correctly classified as what it is: a off error, hardly rising to the level of misconduct.
Better yet, type in the full decision. When you get your hearing packet, you'll see comments that the deputy typed in that came from the employer that you wouldn't have necissarily know about that will help you in preparing for your hearing.
Chvan, her initial application was denied based on an interview. No judge involved, yet.
OP, from your DM's:
My answers in bold:
Quote:
But if I appeal it will take months correct? - NJ may not hear the appeal for 4 months or more.
Or will i be able to still collect while I appeal? - Yes, your benefits begin the eighth week after your discharge.
Do you think i should appeal? - Yes. There is no evidence you intentionally ignored company rules. NJ is pacifying the employer and granting you benefits, hoping you'll accept seven weeks disqualification.
Ok so I'm suppose to submit the appeal in writing.
Should it be a long story explaining everything? - At this point all you say is "I disagree with this decision and wish to appeal.
I'm not sure what I'm suppose to say and what not to say. - At this point, you only request the appeal. The evidence is considered at the actual appeal
I'm so upset and frustrated. I really feel like writing the governor someone anyone and really ask how does this law help people who were discharged with no paper trial nothing. they give businesses so much power to let people go for anything and then stop them from taking care of their family. - Do that.
I was reading Reggie's post and he said he got his benefits after his appeal was over (3 months). - Which thread would that be?
Are you certain I will still collect while the appeal is pending? - Yes.
As Chyvan has requested, post the EXACT language of the determination. It will be interesting to see how deputy arrived at "willful and deliberate disregard of the standards of behavior your employer had a right to expect."
That's an outright fabrication. People don't intentionally makes errors - unless they're looking to get fired. There is no evidence of that, either. NJ is hoping you will drop it.
Ariadne22 that was their exact verbiage, pls see below.
And I quote " You were discharged for negligence related to work. Your actions were of such a degree as to constitute a willful and deliberate disregard of the standards of behavior your employer had a right to expect. therefore, your discharge was for simple misconduct connected with the work."
That's what I don't understand, how was a mistake deliberate or intentional? Especially when the investor overlooked it as well. He gave me the ok to move forward when he had already received the settle money but my actions were deliberate?
This is Reggie's thread. He said it took him 3 months to finally get his unemployment. Also, I was reading on misconduct appeals in NJ and it read, to ensure you want to file an appeal as they can decide to change the initial ruling from simple to severe and you not get any benefits. Being that there doesn't seem to be a clear definition of severe misconduct I don't know what to do. I emailed an employment atty for a consultation. Just to hear what they have to say. This is all madness to me.
how do I contact the governor or anyone in N. At this point I will contact the whole state and make a fuss if I have to. I have bills and mouths to feed. they cannot continue doing this to honest people.
Quote:
Originally Posted by Reggie_who
I know that feeling I had my hearing last week. Today, seven days exactly, I received my decision. Due to lack of evidence and ill preparation by my former employer I got the decision reversed and now will finally begin recieving the benefits after three grueling months. Now I have to call the bank to let them know that the checks on its way so they wont come steal my beloved jeep from me. That sigh after three months of no income, dodging collectors is refreshing.
You can't contact the governor or anyone else in the state about this. If the unemployment office is being slow, you can do that, but when you get an adverse ruling, the proper channel is to file an appeal.
Since you probably have no income and no benefits, go get food stamps, LIHEAP, LifeLine phone service to make it through to your hearing.
Reggie had an initial denial. You didn't. You got a disqualification of 7 penalty weeks.
NJ's definition of severe misconduct:
Quote:
If you are discharged for severe misconduct, you are disqualified for benefits indefinitely until you work in new employment four (4) weeks and earn six (6) times your weekly benefit amount and become separated through no fault of your own. Examples of severe misconduct are: use of drugs/alcohol on the job, repeated violations of a company rule, repeated lateness or absences after receiving a written warning from your employer, destruction/theft of company property or misuse of benefits.
if you want to b*tch about how NJ is denying citizens frivolously. Yours is a frivolous denial, imo. You still have to appeal and go through the system.
thank you. I found the info online but thanks for providing. I sent an email to a few places. I may never hear anything but it makes me feel better knowing I sent the emails. That's just how I am, this isn't right. At all.
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