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Old 06-07-2020, 04:52 PM
 
290 posts, read 185,060 times
Reputation: 177

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Quote:
Originally Posted by RinNJ View Post
I don't see how that's possible since they already made the determination last September that my conduct was simple misconduct under the amended NJ unemployment laws. I know the facts of what happened and it was simple misconduct for sure. What I'm really interested to know tomorrow is just how quickly the lawyer can force them to cough up the money because returning to work on Friday is something I'm not looking forward to at all.
If its "Simple", then should be in the clear. I just know drug use and or coming into work intoxicated would fall under gross misconduct category. Hopefully you're last job wont try to fight it and hold things up further for you.

Yeah man, I would highly suggest going to work on Friday. I think if you didnt, that can make things even worse. At least that will allow you to have money coming in, just in case things take a wrong turn.
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Old 06-07-2020, 05:08 PM
 
76 posts, read 29,146 times
Reputation: 20
Quote:
Originally Posted by Companygreed33 View Post
If its "Simple", then should be in the clear. I just know drug use and or coming into work intoxicated would fall under gross misconduct category. Hopefully you're last job wont try to fight it and hold things up further for you.

Yeah man, I would highly suggest going to work on Friday. I think if you didnt, that can make things even worse. At least that will allow you to have money coming in, just in case things take a wrong turn.

Isn't the unemployment office's simple misconduct determination good enough even if they "try to fight it" at this point? I feel that the letter, which I have long since discarded, already confirmed that it was simple misconduct. I'll ask the lawyer tomorrow because it seems that my claim is against the unemployment office and not my old job. I thought the DQ letter was supposed to signify that they had gathered their facts and made a determination.
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Old 06-07-2020, 05:20 PM
 
54 posts, read 46,500 times
Reputation: 230
Quote:
Originally Posted by RinNJ View Post
Lost cause as in I'm never going to see a dime of the money that I'm legally entitled to? Should I do what the other poster said and just mass message assemblymen and possibly press members? I don't care for all that attention, and it's annoying that I have to do all this legwork when this should be a simple fix, but it seems the incompetence of the people at the unemployment offices is forcing me to do this, or else I'll never get my money and will have to wait until the offices open up and I can talk to someone in person. This isn't just ridiculous, I feel they should lose their jobs over this. They are screwing with another person's life by not doing their jobs correctly.



Hey HMAS Yes you need to hire an unemployed lawyer like me take on you your most important entitled case.
Please send me you info and a 2kUSD deposit for my non stop calling and fiduciary duty in protesting in front of your local incompetent last work place and unemployment regional and federal office.
TADA
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Old 06-07-2020, 05:27 PM
 
290 posts, read 185,060 times
Reputation: 177
Quote:
Originally Posted by RinNJ View Post
Isn't the unemployment office's simple misconduct determination good enough even if they "try to fight it" at this point? I feel that the letter, which I have long since discarded, already confirmed that it was simple misconduct. I'll ask the lawyer tomorrow because it seems that my claim is against the unemployment office and not my old job. I thought the DQ letter was supposed to signify that they had gathered their facts and made a determination.
It should of been. Evidently it wasn't, seeing they wanted to have a fact finding interview with you back then. If it was enough, you would of definitely been collecting your benefits by now.

The UI is essentially the middle man, between you and your employer. Employers will fight unemployment, because too many claims and their unemplyment tax they pay increases. So they're encouraged to fight employees claims. Your case is a strange one, and seems to still be open and not giving a ruling on yet.
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Old 06-07-2020, 05:38 PM
 
76 posts, read 29,146 times
Reputation: 20
Quote:
Originally Posted by Companygreed33 View Post
It should of been. Evidently it wasn't, seeing they wanted to have a fact finding interview with you back then. If it was enough, you would of definitely been collecting your benefits by now.

The UI is essentially the middle man, between you and your employer. Employers will fight unemployment, because too many claims and their unemplyment tax they pay increases. So they're encouraged to fight employees claims. Your case is a strange one, and seems to still be open and not giving a ruling on yet.
I want to follow scraps advice, but I just have serious doubts that I'll be able to get in contact with a claims examiner after all this time, and I get the strange feeling that somehow they'll magically pick up their phones if an unemployment lawyer attempts to reach them with potential litigation on the table.
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Old 06-08-2020, 02:26 AM
 
76 posts, read 29,146 times
Reputation: 20
Quote:
Originally Posted by Companygreed33 View Post
If its "Simple", then should be in the clear. I just know drug use and or coming into work intoxicated would fall under gross misconduct category. Hopefully you're last job wont try to fight it and hold things up further for you.
But let's say the fact finders change their minds while evaluating my story and my ex-employer's story. I thought this was still the law in New Jersey as it pertains to unemployment benefits:

A termination for gross misconduct will disqualify an applicant from receiving unemployment benefits until he she returns to work for at least eight weeks, earns ten times their weekly benefit rate, and becomes unemployed through no fault of their own.

And I've certainly met all of those requirements via my current job. I think the issue here might be a financial one because I gave a rough estimate of my WBR when I filed my claim, because I remember the online system last year delineating that it was a financial matter that the claims examiner had to contact (and never did) me about. I didn't have my W2 for 2019 in hand like I do now, so I gave a rough estimate which should be very accurate because my weekly earnings after taxes were $858 at that job, and I believe around $1k before taxes, so I listed my WBR as 291, but the thing is that I also worked for the summer program at my old job, which I had to calculate too. The WBR I estimated is either slightly high or on point.


At any rate, I am going to need to get an unemployment lawyer to get me my cash in a few hours because attempting to reach a claims examiner will prove futile, given what's happened over the last two months, and I need to foot the bill and get my CARES money, most importantly, before it's too late and I get conned.
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Old 06-08-2020, 05:01 AM
 
3,259 posts, read 2,781,954 times
Reputation: 476
Quote:
Originally Posted by RinNJ View Post
Isn't the unemployment office's simple misconduct determination good enough even if they "try to fight it" at this point? I feel that the letter, which I have long since discarded, already confirmed that it was simple misconduct. I'll ask the lawyer tomorrow because it seems that my claim is against the unemployment office and not my old job. I thought the DQ letter was supposed to signify that they had gathered their facts and made a determination.
You are correct. If you received a simple misconduct determination letter in the mail which listed the dates you were DQed for then it was already adjudicated. The issue surrounding it doesn't get reanalyzed now for this separation as final determination was made and you didn't appeal it back then.
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Old 06-08-2020, 05:03 AM
 
3,259 posts, read 2,781,954 times
Reputation: 476
Quote:
Originally Posted by Companygreed33 View Post
It should of been. Evidently it wasn't, seeing they wanted to have a fact finding interview with you back then. If it was enough, you would of definitely been collecting your benefits by now.

The UI is essentially the middle man, between you and your employer. Employers will fight unemployment, because too many claims and their unemplyment tax they pay increases. So they're encouraged to fight employees claims. Your case is a strange one, and seems to still be open and not giving a ruling on yet.
He received simple misconduct determination back last September. That issue has been adjudicated and 6 weeks of DQ were assessed to his claim. The telephone interview was supposed to happen in April after he reopened the claim end of March.
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Old 06-08-2020, 05:19 AM
 
76 posts, read 29,146 times
Reputation: 20
Quote:
Originally Posted by scraprsmith View Post
He received simple misconduct determination back last September. That issue has been adjudicated and 6 weeks of DQ were assessed to his claim. The telephone interview was supposed to happen in April after he reopened the claim end of March.
I wanted to take this to an unemployment lawyer back in April because I noticed when I certified, I was getting the exact same results as I was last August and September, when I didn't receive any money, but the only reason I didn't was because of Governor Murphy's "remain patient" angle and I felt that I had to let time elapse or else no one would take my case seriously. Now, I've waited so long that I have under two months before the CARES Act stops sending money and I would have had more money to spend on an unemployment lawyer to fix this, but now I've spent two months in bills and I'm in a position where I ostensibly have to return to a job this Friday that I was planning on not returning to because I wanted to get a better job in the fall, don't like the prospect of working in these conditions at a job that's below what I should be getting paid, and meanwhile everyone around me has gotten their money while I desperately needed the money because I'm now three months behind on the second line of credit payments for the mortgage on my disabled mom's house. I'm more than a little bit upset that I'm having to deal with all these issues and tried my best to get in contact with the people who could fix the problem, but they all failed me miserably, and now it looks like I have no choice but to burn money on a lawyer and put myself in a worse position than I should have been in. It's like I'm being punished or something.
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Old 06-08-2020, 06:36 AM
 
290 posts, read 185,060 times
Reputation: 177
Quote:
Originally Posted by RinNJ View Post
But let's say the fact finders change their minds while evaluating my story and my ex-employer's story. I thought this was still the law in New Jersey as it pertains to unemployment benefits:

A termination for gross misconduct will disqualify an applicant from receiving unemployment benefits until he she returns to work for at least eight weeks, earns ten times their weekly benefit rate, and becomes unemployed through no fault of their own.

And I've certainly met all of those requirements via my current job. I think the issue here might be a financial one because I gave a rough estimate of my WBR when I filed my claim, because I remember the online system last year delineating that it was a financial matter that the claims examiner had to contact (and never did) me about. I didn't have my W2 for 2019 in hand like I do now, so I gave a rough estimate which should be very accurate because my weekly earnings after taxes were $858 at that job, and I believe around $1k before taxes, so I listed my WBR as 291, but the thing is that I also worked for the summer program at my old job, which I had to calculate too. The WBR I estimated is either slightly high or on point.


At any rate, I am going to need to get an unemployment lawyer to get me my cash in a few hours because attempting to reach a claims examiner will prove futile, given what's happened over the last two months, and I need to foot the bill and get my CARES money, most importantly, before it's too late and I get conned.
Yeah, I think you definitely should. Too much money is on the table at this point. What time are you calling the lawyer? I think this needs settled once and for all. That way you can sleep easy and hopefully the back pay and the money will begin ruling in for you.
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