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If someone can help me out that would be great. I was working for this company for about 10 months. Each rep has about 100 plus files to maintain. I have had no write ups, verbal warnings or anything. I will say I don't think my manager and HR were very fond of me as I'm not an ego stroker. I have saved the company a nice sum of money when it came down to catching attorney's that would over bill as well as well having no less then at least 10 sales a month (on very aged loans).
Well in order for a property to go to sale we have to prepare a bid and send to the investor to be reviewed and approved. On the day I sent the bid I cannot remember why I would have missed any notes that the property had settled but I guess I did. Anyway, I prepare the bid sent it to the investor who sent it back and approved it for sale (so he didn't catch that he had already received money on the property). i sent it through and a week later was pulled into the board room and asked why did i let the property go to sale when the loan settled 2 weeks ago.
It was hard for me to give a response when I wasn't given the opportunity to research the matter but simply let go. i advised HR I had done great work the last 10 months with no write up or anything and that i feel multiple people let this slip through so why am i not being written up or suspended for a mistake.
Can someone pls help. Will this be considered simple misconduct even though it was clearly a mistake? There have been reps who have a number of their cases dismissed and have had to be restarted and they simply got a write up. Also, the investor is selling the loans and the company wants to buy them (but they are not in a good place financially) so I also feel like this was another reason why they took the opportunity to let me go.
Your employer will have to contest the application for benefits and prove this was an intentional error. If there is any question on the circumstances, NJ will deny the claim and let the appeals process settle the matter. It takes about four months to have an appeal heard in NJ these days.
Frontline interviewers take very few risks if there is any question at all on misconduct. Best case - you might have an approval with a seven-week disqualifying misconduct penalty before you are able to collect benefits. Of course, if your employer doesn't allege misconduct, you may have no problem at all.
Sounds to me like this was an error of $$$$$$ magnitude, which hopefully was caught in time. Good luck. Let us know what happens.
Thanks Ariadne22, but i'm assuming it was caught in time cause the sale took place on 8-5-13 and i was notified of the matter on 8-12-13. It was obviously an error. How could this still be even thought to be misconduct? People make errors everyday. i mean the investor didin't even catch it. We deal with so many loans. And I clearly remember I had a half of a day that day and was stuck in conference calls and sending urgent emails on other loans i may have missed a note on the file. This was by no means intentional or deliberate. A mistake shouldn't support the determination that I should be terminated for misconduct. How do they expect people to take care of their kids if companies can fire you and have it look like misconduct. Especially since I have had a good record with them.
A mistake shouldn't support the determination that I should be terminated for misconduct. How do they expect people to take care of their kids if companies can fire you and have it look like misconduct. Especially since I have had a good record with them.
Happens every day. We get daily reports from people accused of misconduct where the error was clearly unintentional. Most employers these days lie about the circumstances of the termination. If they can reduce their UI tax burden slightly with a lie, they will do so. Normally, their word is taken over the employee's because, after all, it is the employer who pays the UI tax which pays the benefit. The small amount taken off your check in NJ doesn't count for much. It's a hard world these days.
Sigh.... so what exactly happens on these interview calls? Is there anything I should focus on that will help the interviewer see this was clearly an error? How will i know what the employer says? Is it up to them to advise the interviewer they want to deny it based under the guidelines of misconduct or does the interviewer make that determination based on what they determine from the call?
New York seems to be different. I know people receiving UI who were fired for constantly being tardy or falling asleep on the job with write ups. Yet and still they are getting their UI. This can't be right.
New York seems to be different. I know people receiving UI who were fired for constantly being tardy or falling asleep on the job with write ups. Yet and still they are getting their UI. This can't be right.
Oh, chances are you will get your benefits eventually. If you're lucky and only get a seven-week disqualifying period, you can collect after that.
Quote:
Originally Posted by mrsred0233
Sigh.... so what exactly happens on these interview calls? Is there anything I should focus on that will help the interviewer see this was clearly an error? How will i know what the employer says? Is it up to them to advise the interviewer they want to deny it based under the guidelines of misconduct or does the interviewer make that determination based on what they determine from the call?
They ask you what led up to the discharge. You can explain the circumstances, but don't go into a lot of detail - especially on the $$$ magnitude of that error. You might get by with saying it was really busy day, lot of interruptions, an unintentional oversight, a property was miscategorized as unsold when, it fact it had been sold (no details) - and let it go at that. Avoid talking about investors and money changing hands and all that. Hopefully, the interviewer won't press beyond you narrow description. Most of the time, they just want to end the phone call.
The interviewer may or may not have already spoken to your employer or have a written response. If the interviewer doesn't tell you at the time of the call, you will find out the employer's position when you get the determination, which is why you have to be careful not to say too much. Because your employer may not have.
The employer can choose not to contest nor call it misconduct, but if you disclose too much when talking to the interviewer, yes, NJ may still assess a misconduct penalty. So, don't get into the nitty gritty details of your unintentional oversight if you can help it.
If the case appears too complex, then you'll get denial and need to appeal. That may not happen. A lot depends on your employer.
Thanks again Ariadne22. I'm just so nervous. This type of thing happens all the time with sales taking place that need not to be. Just vacate it and coach and counsel if need be. But I just need my unemployment.
one more thing. When do they notify the employer of the unemployment claim? I filed on 8/13/2013. And how long after the call will l hear if I was approved or not?
NJ will be sending something to the employer relatively soon. Do you have a date for a telephone interview, as yet? NJ is taking about 3-4 weeks to schedule those, so your interview will probably be around the middle of September. You should receive a determination about ten days after the interview, possibly sooner. NJ sends those decisions relatively quickly. Don't be expecting any money from NJ before 9/24, earliest.
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