Nj unemployment claims review (file, receive, payment, work)

[Desafiame]

Hello all, after seeing all the good advice here I decided to write about my case to see what you guys think. I know my case is almost the same as everyone else but no where did I see people mentioning they were in a union (teamsters 560) which might make a difference in my outcome.
I been employed by a company here in nj for almost 10 years as a driver/warehouse personnel. On Sept 9, 2015 myself and 2 coworkers were suspended from work till Sept 16, 2015 for dishonesty and falsifying paper work (run schedule) trying to say we were stealing company time. When we returned on the 16th we were met with the branch and asst branch manager and hr and to represent us was the President and Secretary from our local union. They accused us of dishonesty, they said they had investigators follow us during our run. My union rep asked what did I do and they said stealing time on the road but didn't supply any evidence so I can defend myself. They are very uptight if we stop to use the rest room or buy a soda or even if we take a nap while waiting for the customer to arrive to the construction jobsite. (Example: the appointment time is 6:30 am and I arrived at 6am) but like I said they didnt supply any evidence nor previous verbal nor written warnings. The 3 of us were terminated for the same reason. Our union has made a grievance and taking this to arbitration. I have always been treated unfairly from this employer. Here's a reason why, one of these co-workers decided not to fight his termination and they told him since he was not going to fight it that the employer will not argue with unemployment( he started receiving his benefits) and the other employee received a last chance agreement which im not sure if he accepted since he had found another job and starts this Monday. I wonder why they offered it to him and not me since I have 6 years seniority over him and I recently found out yesterday that they gave another employee just a warning for the same reason. On Nov 12 I have the interview at 9:20 am. What questions can I expect and is there any good answers I can give them. Will I have a better chance since my union disagrees with my ex employer and taking them to arbitration? Would this be considered as simple or severe misconduct? Any help would be greatly appreciated.

[Ariadne22]

Originally Posted by Desafiame

I been employed by a company here in nj for almost 10 years as a driver/warehouse personnel.

On Sept 9, 2015 myself and 2 coworkers were suspended from work till Sept 16, 2015 for dishonesty and falsifying paper work (run schedule) trying to say we were stealing company time.

When we returned on the 16th we were met with the branch and asst branch manager and hr and to represent us was the President and Secretary from our local union. They accused us of dishonesty, they said they had investigators follow us during our run.

My union rep asked what did I do and they said stealing time on the road but didn't supply any evidence so I can defend myself.

They are very uptight if we stop to use the rest room or buy a soda or even if we take a nap while waiting for the customer to arrive to the construction jobsite. (Example: the appointment time is 6:30 am and I arrived at 6am) but like I said they didnt supply any evidence nor previous verbal nor written warnings.

The 3 of us were terminated for the same reason.

Our union has made a grievance and taking this to arbitration.

I have always been treated unfairly from this employer. Here's a reason why, one of these co-workers decided not to fight his termination and they told him since he was not going to fight it that the employer will not argue with unemployment( he started receiving his benefits) and the other employee received a last chance agreement which im not sure if he accepted since he had found another job and starts this Monday.

I wonder why they offered it to him and not me since I have 6 years seniority over him and I recently found out yesterday that they gave another employee just a warning for the same reason.

On Nov 12 I have the interview at 9:20 am.

• What questions can I expect and is there any good answers I can give them.
• Will I have a better chance since my union disagrees with my ex employer and taking them to arbitration?
• Would this be considered as simple or severe misconduct?

What did you state as the reason for the discharge when you applied for benefits?

Cutting through all of the above, here are the nuts and bolts.

If employer states falsifying of timesheets, there isn't anything you say in the interview which will prevent NJ from assessing at least the 8-wk dq (simple misconduct) penalty.

Union taking this to arbitration is not relevant to your benefits.
How employer handled the other two terminated employees is not relevant to your benefits.

Without prior warnings and with your assertions that

(1) you were unaware of any misdoing,
(2) employer never provided evidence,
(3) you really don't know specifically why you were discharged,
(4) there were no prior warnings,

NJ should stick with simple misconduct. If you're lucky enough to get that, don't appeal it - or NJ could elevate to severe.

If you are assessed severe misconduct, of course, appeal. Post the exact words of this decision if that happens.

[Desafiame]

Thanks for the help ariadne22, I was just throwing in about my other co workers and the arbitration to let the interviewer know that I was being treated unfairly and prove that the company terminated me unfairly. But I read on another thread that the employers has to prove that I deserved termination. Im sure the interviewer can't just go by word of mouth. It would suck if I lost 8 weeks pay but I might be able to get that back if I won the arbitration.

[Chyvan]

Originally Posted by Desafiame

Im sure the interviewer can't just go by word of mouth.

Yes, the interview can do that. They don't even have to make the decision based on anything the employer says. If they have a gut feeling, they can deny you because they feel like it, putting any more thought into would make them late for lunch, or they filp a coin and if it's heads you get benefits and tails you don't.

It's for this reason, in an iffy situation, we don't tell anyone to waste effort with the interviewer to get benefits. It rarely works, and usually hurts you at the hearing when your own words come back to haunt you.

[Ariadne22]

Originally Posted by Desafiame

But I read on another thread that the employers has to prove that I deserved termination.

Other than in NY, employer has to prove very little for you to be denied at interview. All they need to say is "misconduct" of one form or another, and interviewer denies, and lets the appeals court sort it out.

Originally Posted by Desafiame

Im sure the interviewer can't just go by word of mouth.

You would be wrong. Rarely does the employee win on a he said/she said at the interview level unless employer really drops the ball.

Originally Posted by Desafiame

It would suck if I lost 8 weeks pay but I might be able to get that back if I won the arbitration.

Yes, that is possible. Although, you might have a issue with a timely appeal filing depending on how long the arbitration takes. NJ will hear the appeal probably 12-16 weeks after you've filed for benefits - so, if arbitration is settled by then in your favor, that's the evidence you present. To preserve your appeal rights, file the appeal request timely. If arb goes against you, you can drop the appeal by calling or writing NJ.

[Desafiame]

Thanks for the advice guys, im prepared for the 8 weeks penalty, I just hope its not a severe misconduct. What are the most common questions they ask on a claimant interview.(Phone)?

[Chyvan]

Sounded like you already had an interview. Doesn't matter what the questions are. All you as a claimant should every say is that you were fired with NO further discussion as to the reason why or what lead up to your termination.

[Desafiame]

I didn't have my interview yet. Its set for Nov 12. Im just trying to be prepared for disappointment and if I win, that would be a bonus. So if they get me with being dishonest, would that be considered simple or severe misconduct?

[Ariadne22]

Originally Posted by Desafiame

So if they get me with being dishonest, would that be considered simple or severe misconduct?

I already answered that upthread. Reread my post.

[Desafiame]

Yea I read it but for some reason it sounded that you was unsure when you said that nj should stick with simple misconduct if I was lucky enough to get that. Im just trying to ease my mind that I will be getting some type of payment even if I get d/q for 8 weeks. I just hope the employer doesn't fight unemployment but I highly doubt that.