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Old 03-01-2016, 04:01 PM
 
33 posts, read 47,131 times
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Leaving Your Job to Take a Better Job

Sometimes, a person resigns from one job to take a better job, but then the second job doesn’t work out and they are separated from the second job before they have worked enough or earned enough to establish a new unemployment claim. In that situation, a person will be eligible to receive unemployment benefits only if:

They started (or were supposed to start) the second job within seven days of leaving the first job*; AND

The worker made (or was supposed to make) at least as much money in the second job as the first and worked (or was supposed to work) at least as many hours in the second job as the first.

I saw this online, and this may explain it. My grocery store job was part-time work at $10.75 an hour. My new job was full time work at $12 an hour.
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Old 03-01-2016, 04:13 PM
 
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NJ doesn't have that provision. Did you actually work in NJ?

A mistake could be like this:

You worked at the new job for 2 days. You file for UI. You said you were discharged. There's no misconduct. A NJ UI worker that's not that bright looks in the system and sees that you worked at the grocery store because it's just not possible your two-day job is currently viewable. She sends paperwork to the grocery store and the grocery store ignores it. In a case like that (assuming the UI worker told you the truth that you're really getting benefits. They've lied to claimants before), it could be that you're getting benefits for the wrong reason, and the grocery store can later appeal it, and win, knowing how we've seen this play out before from other NJ claimants in the same boat as you.

It's important that if you truly are getting benefits that you know WHY you are getting them. If it's for a wrong reason, you're at risk of having them turned off later on down the line, and I don't want you to be surprised.
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Old 03-01-2016, 04:20 PM
 
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Yes. I actually worked in NJ.

All I know for sure is I was given verbal confirmation thay I am getting my money.
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Old 03-01-2016, 04:22 PM
 
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You'll eventually get a letter telling you why you are getting the money. That's the letter I want you to type in. It's about two paragraphs.
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Old 03-01-2016, 05:31 PM
 
Location: Wisconsin
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Well, if NJ missed the quit - and your first employer hasn't responded, as yet, yes, NJ will pay - until the grocery store appeals - at which point benefits stop. This is a VERY common scenario in NJ. People think they're approved because they're getting paid - but, in reality, the "approval" is only provisional due to lack of employer response.

Further, even if employer doesn't appeal now, employers can and do appeal in NJ a year AFTER benefits are paid - often when they are reviewing the increase in their UI taxes. Year-late appeals happen all the time in NJ. At which point, another appeal hearing, which you will lose, and then NJ will want its money back. You may be able to get out of repayment through a no-fault hardship waiver, but those are difficult to get in NJ.

If none of this happens to you, your stars are certainly perfectly aligned.

I wish you luck. Keep us posted as things unfold - and let us know when you get paid.

Thanks.

Last edited by Ariadne22; 03-01-2016 at 05:52 PM..
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Old 03-03-2016, 03:49 PM
 
33 posts, read 47,131 times
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I got my payment deposited into my checking account this morning.

I was very clear about the fact that I quit my part-time job. I made no effort to hide it. I put it right on the application and explained everything in my interview. I was asked about what hours I was working at both jobs as well as the pay. I explained that at the new job I was supposed to make $1.25 more per hour AND I was scheduled to work around 15+ hours more per week than at the grocery store. That's a pretty big difference. I would be crazy NOT to accept a job offer like that

""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. "

I am under the assumption that they consider leaving a part-time position for a full-time position was considered "good cause connected with the work."
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Old 03-03-2016, 04:30 PM
 
14,508 posts, read 27,791,028 times
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Quote:
Originally Posted by honeylissabee View Post
""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. "

I am under the assumption that they consider leaving a part-time position for a full-time position was considered "good cause connected with the work."
I keep telling you that it's true in many states, just not NJ. Good cause connected with the work means that the grocery store would have had to do something to you to make you quit. You getting a new, better job is a benefit to YOU, not the grocery store. That is considered good "personal" cause to get a job rather than good cause connected with the work.

You can explain things to a UI worker, but most are dumber than dirt. It's great that you're getting benefits, but until you see that decision and know WHY you are getting them, you really don't know if the logic used to grant you benefits will hold up to stricter scrutiny.

Here's a perfect explain to a claimant in MA:

She quit a job for a better job (for MA, so far so good). Then then during her two week notice the new employer sent her for a physical. She had high blood pressure. The new employer rescinded the offer. Her old job wouldn't allow her to rescind her resignation. She applied for UI and the benefits were granted.

Then the former employer that mistakenly believed they would be eating the cost appealed. She was granted benefits because she quit her job for a better job that was rescinded. On the surface it was a legit decision. The problem was that because of the physical, it wasn't a job offer in the way UI treats it. By putting in the contingency to pass the physical, the claimant should have waited to resign until AFTER passing the physical when the job offer could be considered bona fide.

I told the claimant not to mention the blood pressure, and it was unlikely that the former employer had a clue about the results of the physical. Anyway, she lost at the appeal hearing. The decision was that she shouldn't have quit until after the contingencies for the offer were satisfied. (knowing the claimant, she probably said, "my job offer was rescinded because I failed the physical with high blood pressure.)

The whole point is that she wasn't entitled to benefits from the get go, but a mistake was made in her favor, so lucky her, but she blew it at the appeal. You're getting benefits, lucky you, but I don't want you to end up like her because you mistakenly believe, "well, I already won once." The more we know, and the sooner we know, the more likely you might be able to keep those benefits, delay the process, or not have to pay back the money if something happens where you lose later on down the line. Don't be complacent.

Last edited by Chyvan; 03-03-2016 at 04:43 PM..
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Old 03-03-2016, 05:38 PM
 
Location: Wisconsin
23,994 posts, read 51,807,864 times
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Further to this, this is why there are "no-fault" [hardship] waivers. The unemployment offices make mistakes all the time and pay benefits when they shouldn't - and often don't catch these errors until a year later when they are auditing their claims. There is no protection for you against their errors other than the "no-fault" hardship waiver - and the UE offices have no hesitation in declaring an overpayment, demanding repayment - even though the overpayment was their fault.

Let's hope the employer and NJ both overlook this claim and there is no further action. But, know also, employers routinely hire outside services like TALX to contest OLD unemployment claims, implementing the adage "throw enough mud at the wall, some of it will stick." They play the law of averages and are incentivized by the amount of monies recouped for the employer. Even if you get a free pass now, there may yet be a repercussion a year from now.

Please keep us posted. Good luck.

***

FYI - "good cause connected to work" means employer reduced your hours from full-time to part-time, employer insisted you perform duties for which you were unsuited, work environment was unsafe, employer moved its workplace 100 miles away, etc. All of this is attributable to employer. Not attributable to - or the fault of - the employer is you being a part-time employee because those were the original terms of your employment. Now, leaving one job for a substantially better job can be qualifying in states which discourage payments for a job loss preceded by a quit - BUT NJ implemented the eight-week work requirement five or six years ago specifically to mitigate those occurrences. So, no, as Chyvan says, that parameter is not recognized in NJ. You need to be on the new job for eight weeks.

Last edited by Ariadne22; 03-03-2016 at 06:09 PM..
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Old 03-03-2016, 07:00 PM
 
Location: Wisconsin
23,994 posts, read 51,807,864 times
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Directly from the NJ website - from the employer handbook:
Quote:
Q. Can I be charged for future benefits if an employee quits and is then disqualified for leaving employment without good cause attributable to the work?

A. An individual who quits work may become eligible for future benefits after meeting a re-qualifying requirement. For separations occurring before July 1, 2010, the New Jersey requirement is having at least four weeks of new employment, earning at least six times the weekly benefit rate, and being separated from the new employment for a non-disqualifying reason. For separations occurring July 1, 2010, and later, the New Jersey requirement is having at least eight weeks of new employment, earning at least 10 times the weekly benefit rate and being separated from the new employment for a non-disqualifying reason.

According to federal law, all states’ unemployment compensation laws must contain re-qualifying requirements. Once the re-qualifying threshold is met, the disqualification must end and the individual is potentially eligible to receive benefits.

The New Jersey Unemployment Compensation Law provides for the relief of charges to a contributory employer’s experience rating account when an individual’s separation from employment is for reasons that are disqualifying under the law. Thus, even though an individual may overcome an imposed disqualification or a potential disqualification, and is entitled to receive unemployment benefits, the employer’s account will not be charged for the benefits that occur subsequent to the disqualifying separation. See Chapter II, Section 2, “Relief of Benefit Charges for Disqualifying Separations.”

Department of Labor and Workforce Development | QUESTIONS AND ANSWERS<br><br>Unemployment Benefits
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Old 03-07-2016, 05:24 AM
 
33 posts, read 47,131 times
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You are hereby notified that based upon the facts obtained and in accordance with the New Jersey Unemployment Compensation Law, the Deputy (named below) has determined that:

You are eligible for benefits from 01/24/16.

You left your job voluntarily to accept other employment Your reason for leaving is not disqualifying since your new employment commenced within seven days of your resignation and has weekly pay or hours not less than your prior employment. You are eligible for benefits.
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