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Old 02-29-2016, 01:46 PM
 
33 posts, read 42,659 times
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I have been getting a lot of great information reading posts on this forum, but this is my first time posting on here. I hope someone here is able to help me

From February 2014 until January 2, 2016, I worked at a grocery store. It was a part time position (15-38 hours a week depending on the week). I left the position on good terms because I was offered a full-time position that started January 4.

Unfortunately, I didn't technically have the proper qualifications for the position for which I was hired. On Tuesday, the assistant director and I were discussing on well things were going. On Wednesday, I was let go because I wasn't "a good fit." (Though, I suspect I was never supposed to be hired for that position, and my boss needed to save herself; I cannot be sure if that is the case).

So, I filed for my unemployment benefits on January 24. I was told I could start claiming benefits on February 10, and that my interview would be on the 19th. When I went to claim benefits, I was blocked from doing so online, so I tried over the phone and got nowhere. (Turns out, the state thought I was still employed).

I had my interview, and since the 19th, the website has said my claim is "pended." I am now able to claim online, but I have not seen a cent of money over the past 4 weeks, so I decided to try calling. The woman on the phone explained that a determination has not yet been made. She also said that it should have been done last week, and that she would forward this to the supervisor of the claims commissioner who I spoke to on the 19th.

Needless to say, this constant waiting has been a huge source of anxiety for me. I've been losing sleep checking my claim status online, and watching my bank account for a deposit.

I completely understand that quitting a job immediately prior to being let go from another position probably looks a little suspicious, but I am sure that I am not the only person to be unemployed after leaving one job to go to another job with more hours, better pay per hour, and better hours only to be fired from the "better" job soon after.

I'm just wondering if anyone here has been in this kind of situation wit the UI Claim being undetermined after a week?

Thank you very much for all your help.
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Old 02-29-2016, 07:31 PM
 
Location: Wisconsin
23,546 posts, read 50,140,471 times
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The January quit is the issue. The delay is probably because NJ is still trying to determine actual date of discharge. Because.....

NJ has a minimum period of eight weeks on the new job before it will pay benefits after you have quit the previous job.

You've missed the eight-week cutoff by just a few days. If, somehow, your employer paid you through last week and states you were discharged on 2/26 , NJ might waive that 8-week requirement - but I suspect the employer may also have been aware of this and executed the discharge before eight weeks had elapsed.

Unless NJ has found a way to get around this eight-week restriction, you will be getting a letter from NJ shortly, stating something along the lines of the above.

***

A further thought - NJ defines its "weeks" by earnings. If in that last "week" you earned $168, NJ may very well find FOR you and say you did indeed work eight weeks. If NJ denies, you could attempt an appeal on this issue.

http://lwd.dol.state.nj.us/labor/ui/...edqualify.html

However, know that claimant-generated appeals in NJ take months to be heard.

Let us know what happens, here.

Last edited by Ariadne22; 02-29-2016 at 07:57 PM..
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Old 02-29-2016, 08:01 PM
 
14,508 posts, read 26,125,653 times
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Quote:
Originally Posted by honeylissabee View Post
I am sure that I am not the only person to be unemployed after leaving one job to go to another job with more hours, better pay per hour, and better hours only to be fired from the "better" job soon after.
You're not, but you're in NJ, and getting a new, better job is not good cause to quit. However, in a lot of states, it is good cause. It's something you need to know. Had you known, you might have pleaded with your boss to keep your on the payroll just a little longer. It would have made all the difference in the world. Another scenario is that you might have taken all your vacation and sick time or begged for a leave of absence from the store holding out for 8 weeks and only quitting after you knew you were in the safety zone.

You are a perfect candidate to tell all your family, friends, and coworkers that UI is a system, and learn it before you need it because by then it's quite often too late to do anything about it.

My heart really does bleed for you.
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Old 02-29-2016, 08:10 PM
 
Location: Wisconsin
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I'm wondering if she has an appealable issue on NJ's definition of a "week." I edited my earlier post - if you haven't read it - to address that issue.
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Old 02-29-2016, 08:18 PM
 
14,508 posts, read 26,125,653 times
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She probably should. We'll learn a lot how it works on the backend if she keeps us informed. We know from the one poster that "quit" on 11/9 that the judge wanted to see the paystubs from the following Sunday forward, and she barely made it. However, looking at a calendar, she was fired on 12/31 and didn't have a full 8 weeks, and she pulled it off. This was a little touchy because she gave notice on the 9th, but didn't actually have her last day until later. We were hoping the adjudicator's error wouldn't get caught.

My opinion now is that this person has a chance and needs to submit the paystubs from the Sunday following when she quit the store until the Saturday from the time she was fired, and cross her fingers, or forget the following Sunday, just send them all in, and let the deputy figure it out.
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Old 03-01-2016, 09:28 AM
 
33 posts, read 42,659 times
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Well, my last paycheck from my grocery store job was issued on January 8, so the 8 week point is coming up this Friday.

My grocery store position was a part-time, hourly position. Staying on the payroll was not an option; nor was taking a week of vacation time (as vacation time is only allowed to be used between Easter and Labor Day). The only option for staying at the old job was to ask if I could switch to overnight hours there (so, I'd work from 10pm to 6:30am at the grocery store, and then go to my new job from 8am to 5pm. I didn't consider that to be an option).

To give a quick summary of the timeline with my jobs:

Saturday January 2, 2016: Last day working part-time as a grocery store clerk
Monday January 4, 2016: First day of work at my full-time job
Wednesday January 6, 2016: Was fired from my full-time job
Friday January 8, 2016: Last Paycheck from the grocery store
Friday January 15, 2016: Last paycheck from the full-time job.
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Old 03-01-2016, 11:33 AM
 
14,508 posts, read 26,125,653 times
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I was thinking you just got let go from the full-time job. There's no chance to get 8 weeks from Jan 2 to Jan 6.

No matter how how much better the new job was, NJ just doesn't care. Did you even try to get your grocery store job back?
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Old 03-01-2016, 02:41 PM
 
Location: Wisconsin
23,546 posts, read 50,140,471 times
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Quote:
Originally Posted by honeylissabee View Post
Well, my last paycheck from my grocery store job was issued on January 8, so the 8 week point is coming up this Friday.
My apologies for missing critical dates in your first post. I didn't read it carefully enough.

You need to have been working the new job for eight weeks prior to discharge. Instead, you were discharged from the new job almost immediately. Sadly, there is no way NJ will pay benefits. Small comfort, but your situation occurs frequently - people quit, get to the new job and find the new job (for them) no longer exists.

Best to escalate the work search, because there are no benefits in this situation in NJ. If you're running out of money, contact your social services people about help with food, utilities, etc.

Good luck.

Last edited by Ariadne22; 03-01-2016 at 03:06 PM..
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Old 03-01-2016, 04:55 PM
 
33 posts, read 42,659 times
Reputation: 10
How can I escalate the job search even more? I don't sleep anymore. Eating is a luxury I cannot afford. All I do is look for work, and nobody will hire me.

The woman I spoke to today told me that my payment for my claim through the 27th was paid today. The website hasn't been updated yet, but according to the person I spoke to, I was approved for benefits.
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Old 03-01-2016, 04:59 PM
 
14,508 posts, read 26,125,653 times
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Then please post that determination. Mistakes do happen.
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