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Now they already sent the DQ letter for the old job back in September saying it was a 6 wk DQ for simple misconduct, but even if it were gross misconduct, I've worked long enough and made enough at my present job to meet the monetary requirements for unemployment benefits. A lawyer did call me back today, but I didn't have my phone on me and haven't been able to reach her since, and her offices don't open again until Monday, but I'm hopeful I can get this resolved quickly. I don't see what's so complicated here, it just seems like the employer I was discharged from may have muddle the fact finding process or the unemployment people handling my claim are confused for no good reason when it really isn't that hard to figure out.
I'm actually glad you brought that up. The claim you're currently trying to get backpay from, is the job that fired you for not taking the drug/alcohol test right? If so, you can't just make a new claim and everything be ok. Now what was suggested earlier by Scrap I believe, was for you to file a new claim in August. Which would give you a base year to work off of on your current job. The only issue would be you're still employed by them and even if they would fire you for performance and you get the unemployment benefits. You will not recieve any backpay, as your benefits start date would begin that month. Not the first week in April.
As I said from the beginning, this isn't an easy claim. You getting a lawyer for this, was probably your best move. Too much money at stake, and if they can somehow get a direct line to unemployment. All the better. Even if for some reason you're denied, you at least have your answer quicker than sitting here playing the waiting game.
Yeah Im intrigued as well LOL its a snarly one for sure
After all is said and done, I HOPE the OP wins - because I know how difficult it is to wait when you need the money NOW. And for all intents and purposes, he SHOULD have already been paid... it shouldnt have gotten to the point of him being 3 months behind in his mortgage payments.
I will be interested to see how it all pans out.
Something isn't right. If it was easy, they would of went into the system and literally made it drop down into his account. I once got ahold of unemployment a few years back, and it was a clean break between me and my former employer. They asked for basic information, social and pin. It took them literally 5 minutes, told me to check my claim status the next day and it will say processed. Just continue claiming and the money will be in your account next week. And it sure was. Backpay and all.
I really do think if he can get ahold of them somehow, he has a chance of them doing the same to him. As long as he's respectful on the phone and as gracious as I was. I just have a feeling it wasnt a clean split and something is holding him back from recieving his UI benefits/backpay.
I'm actually glad you brought that up. The claim you're currently trying to get backpay from, is the job that fired you for not taking the drug/alcohol test right? If so, you can't just make a new claim and everything be ok. Now what was suggested earlier by Scrap I believe, was for you to file a new claim in August. Which would give you a base year to work off of on your current job. The only issue would be you're still employed by them and even if they would fire you for performance and you get the unemployment benefits. You will not recieve any backpay, as your benefits start date would begin that month. Not the first week in April.
As I said from the beginning, this isn't an easy claim. You getting a lawyer for this, was probably your best move. Too much money at stake, and if they can somehow get a direct line to unemployment. All the better. Even if for some reason you're denied, you at least have your answer quicker than sitting here playing the waiting game.
I'm trying to get my back pay and CARES Act money from the job that I've been working since October 9th of last year until I was furloughed on March 16th, the crappy one that I don't want to return to. The biggest mistake I made was ever filing that claim last August at the job I was discharged from because none of this would have happened, but I was blindsided when I was discharged and was strapped for cash, and I didn't foresee a global pandemic taking place within the next year.
All I want is the back pay from the week ending in April 4th to the week ending in June 5th and the $600/wk of CARES money and I'll never deal with NJ Unemployment or the DOL again, and I believe that I'm clearly entitled to all of that money.
I'm trying to get my back pay and CARES Act money from the job that I've been working since October 9th of last year until I was furloughed on March 16th, the crappy one that I don't want to return to. The biggest mistake I made was ever filing that claim last August at the job I was discharged from because none of this would have happened, but I was blindsided when I was discharged and was strapped for cash, and I didn't foresee a global pandemic taking place within the next year.
All I want is the back pay from the week ending in April 4th to the week ending in June 5th and the $600/wk of CARES money and I'll never deal with NJ Unemployment or the DOL again, and I believe that I'm clearly entitled to all of that money.
One thing I do know, you wont get that backpay from your current employer. Reason being, you never established a base year for it to fall into that quarter. If you only started your most recent job in October, and opened a claim at the end of March. This current job would not show in your financial determination, where they show you the 4 quarters and how much you made in each quarter.
This is where the problem lies and where I'm afraid you may get screwed. If you have them open a new claim, you will more and likely miss out on the cares act completely or at least mostly. That's say hypothetically your job fires you next Thursday as you said may happen if you dont come in. You start/open a new claim, this job could fall into the base year as one of the 4 quarters used to determine your WBR. You will get zero backpay, and benefits will begin at the end of June when you begin certifying your biweekly claims.
One thing I do know, you wont get that backpay from your current employer. Reason being, you never established a base year for it to fall into that quarter. If you only started your most recent job in October, and opened a claim at the end of March. This current job would not show in your financial determination, where they show you the 4 quarters and how much you made in each quarter.
This is where the problem lies and where I'm afraid you may get screwed. If you have them open a new claim, you will more and likely miss out on the cares act completely or at least mostly. That's say hypothetically your job fires you next Thursday as you said may happen if you dont come in. You start/open a new claim, this job could fall into the base year as one of the 4 quarters used to determine your WBR. You will get zero backpay, and benefits will begin at the end of June when you begin certifying your biweekly claims.
this is becoming quite convoluted and people are getting the facts screwed up. he had a claim opened in august 2019 from the job that he got discharged from and hit with a 6 week simple misconduct. he has been at current employer oct 2019 until mid march 2020 laid off/furloughed due to COVID. He REOPENED the claim in March that is still valid from August 2019. He can't open a new claim in August without a new separation. He can't used the same separation. His earnings base period if the standard base period was used for his August 2019 claim wouldn't have included his current employers earnings in his base period.
Need to know if there were any other employers in the base year for claim opened in august 2019 besides the one you were discharged from and received 6 weeks simple misconduct. Do you have your monetary determination from when you opened your august 2019 which lists all your employers for your base period and quarterly earnings. Any paperwork on the simple misconduct 6 week wait out when august 2019 claim filed? He doesnt need file a new claim, he needs to figure out why he isn't receiving his money if he's served the 6 week simple misconduct waiting time period.
this is becoming quite convoluted and people are getting the facts screwed up. he had a claim opened in august 2019 from the job that he got discharged from and hit with a 6 week simple misconduct. he has been at current employer oct 2019 until mid march 2020 laid off/furloughed due to COVID. He REOPENED the claim in March that is still valid from August 2019. He can't open a new claim in August without a new separation. He can't used the same separation. His earnings base period if the standard base period was used for his August 2019 claim wouldn't have included his current employers earnings in his base period.
Need to know if there were any other employers in the base year for claim opened in august 2019 besides the one you were discharged from and received 6 weeks simple misconduct. Do you have your monetary determination from when you opened your august 2019 which lists all your employers for your base period and quarterly earnings. Any paperwork on the simple misconduct 6 week wait out when august 2019 claim filed? He doesnt need file a new claim, he needs to figure out why he isn't receiving his money if he's served the 6 week simple misconduct waiting time period.
Scrap, read my responses to him. I never told him to open a new claim, or even to attempt it. He brought it up. He just called off work for today, and said he wont be coming in for the rest of the week. They threatened to fire him next Thursday if he doesn't show.
I'm trying to get to the bottom of why the first claim ran into problems, outside of the simple misconduct charge that he served already. Something just isn't adding up. If he filed at the end of March, there's no reason he shouldn't be still waiting for his UI benefits 2 and a half months later. Unless there's a problem with his claim.
this is becoming quite convoluted and people are getting the facts screwed up. he had a claim opened in august 2019 from the job that he got discharged from and hit with a 6 week simple misconduct. he has been at current employer oct 2019 until mid march 2020 laid off/furloughed due to COVID. He REOPENED the claim in March that is still valid from August 2019. He can't open a new claim in August without a new separation. He can't used the same separation. His earnings base period if the standard base period was used for his August 2019 claim wouldn't have included his current employers earnings in his base period.
Need to know if there were any other employers in the base year for claim opened in august 2019 besides the one you were discharged from and received 6 weeks simple misconduct. Do you have your monetary determination from when you opened your august 2019 which lists all your employers for your base period and quarterly earnings. Any paperwork on the simple misconduct 6 week wait out when august 2019 claim filed? He doesnt need file a new claim, he needs to figure out why he isn't receiving his money if he's served the 6 week simple misconduct waiting time period.
Yeah that's exactly what happened, and I discarded the DQ letter because I was positive I wouldn't need it again once I found employment again back in October. They surely have a copy of it. At any rate, one issue on my August claim was a "monetary claims examiner appointment", as I alluded to earlier and they set a future date of 04/29/20. When April 29th rolled around, it didn't occur to me that the phone interview I was being reminded of via email about was the one they had scheduled six months earlier, and that interview never took place anyway because they never called me. I have a feeling the issue could be as simple as verification of my WBR or it could be complete confusion on their ends because they don't realize that the work I've put in at my current job qualifies me for unemployment benefits because it meets the temporal and monetary requirements. I don't think this should be complicated whatsoever, I just think they're clueless right now and I need to spell everything out for them.
Yeah that's exactly what happened, and I discarded the DQ letter because I was positive I wouldn't need it again once I found employment again back in October. They surely have a copy of it. At any rate, one issue on my August claim was a "monetary claims examiner appointment", as I alluded to earlier and they set a future date of 04/29/20. When April 29th rolled around, it didn't occur to me that the phone interview I was being reminded of via email about was the one they had scheduled six months earlier, and that interview never took place anyway because they never called me. I have a feeling the issue could be as simple as verification of my WBR or it could be complete confusion on their ends because they don't realize that the work I've put in at my current job qualifies me for unemployment benefits because it meets the temporal and monetary requirements. I don't think this should be complicated whatsoever, I just think they're clueless right now and I need to spell everything out for them.
The monetary issue was scheduled for 4/29/20 was from 6 months ago in August 2019? or it was due to you reopening your august claim in mid march 2020? That makes no sense a monetary interview scheduled for 8 months later. when did that phone interview show up in your online account? after you reopened the claim in mid March correct? Do you have the email still and is it definitely for monetary interview versus non monetary interview?
Normally what happens for 6 week simple misconduct when you've served your weeks is you need to CALL to reopen the claim versus doing it online because calling gets your claim switched back on immediately versus some claims examiner having to "see" it done online and switch your claim back on. I've seen numerous comments over the last several years that have always mentioned this when reopening a claim after serving misconduct weeks. I still say the issue is a simple fix and if you could just get a call through to them it would be resolved. I would devote my entire day to redialing every # off of every phone to try to get through.
And for the last time you have a current valid open benefit year with benefits to collect off of. Your WBR will be the same as what you were deemed to be eligible to collect when you filed a new claim in August 2019. Your earnings from this last employer have no bearing on your established WBR nor are they NOW included. The only importance regarding your last employer when you reopen a claim is the reason for the separation (non monetary).
The monetary issue was scheduled for 4/29/20 was from 6 months ago in August 2019? or it was due to you reopening your august claim in mid march 2020? That makes no sense a monetary interview scheduled for 8 months later. when did that phone interview show up in your online account? after you reopened the claim in mid March correct? Do you have the email still and is it definitely for monetary interview versus non monetary interview?
Normally what happens for 6 week simple misconduct when you've served your weeks is you need to CALL to reopen the claim versus doing it online because calling gets your claim switched back on immediately versus some claims examiner having to "see" it done online and switch your claim back on. I've seen numerous comments over the last several years that have always mentioned this when reopening a claim after serving misconduct weeks. I still say the issue is a simple fix and if you could just get a call through to them it would be resolved. I would devote my entire day to redialing every # off of every phone to try to get through.
And for the last time you have a current valid open benefit year with benefits to collect off of. Your WBR will be the same as what you were deemed to be eligible to collect when you filed a new claim in August 2019. Your earnings from this last employer have no bearing on your established WBR nor are they NOW included. The only importance regarding your last employer when you reopen a claim is the reason for the separation (non monetary).
Last August, a few weeks after my claim had been filed, they scheduled a phone interview with a claims examiner and it said in regard to a "monetary issue with your claim", but they set it at a crazy future date (April 29th, 2020). I went on the internet and saw some old threads here that mentioned the same thing happened to their claims.
I never did call to reopen it by phone last year. I called after I received the DQ letter and the lady on the phone was confusing me because she told me about the 6 week DQ period and I asked her if I'd receive pay for the weeks that I had already certified for in August and early September. I'm not sure when I reopened the claim as it says "filed" with my WBR and my benefit balance just like it did when it was first filed, but I don't see how this would be hard to fix.
Last August, a few weeks after my claim had been filed, they scheduled a phone interview with a claims examiner and it said in regard to a "monetary issue with your claim", but they set it at a crazy future date (April 29th, 2020). I went on the internet and saw some old threads here that mentioned the same thing happened to their claims.
I never did call to reopen it by phone last year. I called after I received the DQ letter and the lady on the phone was confusing me because she told me about the 6 week DQ period and I asked her if I'd receive pay for the weeks that I had already certified for in August and early September. I'm not sure when I reopened the claim as it says "filed" with my WBR and my benefit balance just like it did when it was first filed, but I don't see how this would be hard to fix.
You're right it probably is a simple fix. Yes I've seen the crazy in the future dates on some threads but usually the person ended up calling to get it resolved. My vote still says a call through to them will have it fixed in about 10 minutes. It's just a matter of a worker going into your claim and turning it back on now since you've served your 6 weeks. are you sure it was a monetary issue telephone interview because a misconduct charge phone interview would have been a non monetary issue as it dealt with reason for discharge. so that doesnt' make sense to me. why would it be for monetary issue (which is usually a problem with earnings reported and/or missing in your base period). But you've said when you opened in August it gave you a WBR monetary determination so not sure then why a monetary interview would be required at that point in time.
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