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Old 06-10-2020, 11:58 AM
 
290 posts, read 183,842 times
Reputation: 177

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Quote:
Originally Posted by RinNJ View Post
Ah I never thought about. So then maybe DON'T file a new claim on August 11th then if I can't get in touch with unemployment. I thought that one cynical guy in this thread said they dispose of claims once the base period runs out, and that certainly frightens me, but I do have enough evidence through e-mails sent and e-mail confirmations that I did certify on my current claim every week that I was supposed to. I was only going to file a new claim on August 11th to wake them up so that they realize that they didn't pay me the CARES Act money and unemployment benefits from April 4th through June 5th and then when they call my employer, it would all make sense to them without the confusion of the circumstances under which I was discharged from my previous job or without someone needing to sit down with me to verify that the WBR from my old job that I reported is accurate. However, that would cost me some money because my WBR would be lower under this job.

I spoke to three lawyers today and all of them think that in my situation the only resolution is to talk to someone who can get in direct contact with unemployment. One thought that the issue might be that I reopened a claim instead of filing a new one (I believe I did reopen that August 11th claim back in September during the DQ period, but that period has long since been served), and at any rate I was never able to file a "new claim" as several people in this thread have pointed out that my current job is just an additional claim to the old one.


There's one more lawyer I was referred to, and I gave her a call but she wasn't there, but I'll call her again later on. All I can hope is that she can get in contact with someone from unemployment, because right now things look very bad and I can only hope that the offices reopen as soon as possible.
I wouldn't open a new claim if it was me, but at the same time nothing seems to be working in your favor. I just think that may confuse things further. Hopefully the lawyer has a better idea on how you can get your back pay. I think if it was just a click of a mouse, you would have your money by now. Which leads me to believe, there's more to this case and it's not just a simple fix.

I would love to see you get answers by tomorrow, before you start back to your old job. Then again, I dont believe in miracles anymore. My guess is, this drags out for a few more months and hopefully it ends with you recieving your money.
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Old 06-11-2020, 03:47 PM
 
76 posts, read 29,068 times
Reputation: 20
Quote:
Originally Posted by Companygreed33 View Post
I wouldn't open a new claim if it was me, but at the same time nothing seems to be working in your favor. I just think that may confuse things further. Hopefully the lawyer has a better idea on how you can get your back pay. I think if it was just a click of a mouse, you would have your money by now. Which leads me to believe, there's more to this case and it's not just a simple fix.

I would love to see you get answers by tomorrow, before you start back to your old job. Then again, I dont believe in miracles anymore. My guess is, this drags out for a few more months and hopefully it ends with you recieving your money.

I'm going to leave the job as soon as I have enough money to make it to November/December, which I figure should be sometime toward the end of July. I'm not going to be trapped in this dead end job for the rest of the year because of the NJ DOL screwing me over. I have to take control of things, and I should honestly only collect a few paychecks and call it quits because I do have a feeling the unemployment offices will reopen around September or October, but it'll be a judgment call.
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Old 06-12-2020, 11:36 AM
 
Location: Oregon
957 posts, read 538,455 times
Reputation: 635
Quote:
Originally Posted by Companygreed33 View Post
I wouldn't open a new claim if it was me, but at the same time nothing seems to be working in your favor. I just think that may confuse things further. Hopefully the lawyer has a better idea on how you can get your back pay. I think if it was just a click of a mouse, you would have your money by now. Which leads me to believe, there's more to this case and it's not just a simple fix.

I would love to see you get answers by tomorrow, before you start back to your old job. Then again, I dont believe in miracles anymore. My guess is, this drags out for a few more months and hopefully it ends with you recieving your money.
Would the OP not qualify for PUA? Isnt that for when you dont qualify for regular UI?
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Old 06-12-2020, 12:40 PM
 
290 posts, read 183,842 times
Reputation: 177
Quote:
Originally Posted by kaceyellis View Post
Would the OP not qualify for PUA? Isnt that for when you dont qualify for regular UI?
His case is a little more complicated. He's currently in talks with a few lawyers, and he seems to be going that direction first. In regards to PUA, he seems to of made enough to get regular UC benefits as he mentioned. I think the hold up is how he left his last job, where he had a simple misconduct penalty for not taking a drug test after a night of partying. So they let him go.

To be honest, I really don't know what the issue is, other than maybe some extra leg work the labor union probably doesn't wanna do. That's just my guess. The poster seems to be on top of his certifying weekly/biweekly. I'm curious what his lawyer will advice him to do.
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Old 06-12-2020, 12:42 PM
 
290 posts, read 183,842 times
Reputation: 177
Quote:
Originally Posted by RinNJ View Post
I'm going to leave the job as soon as I have enough money to make it to November/December, which I figure should be sometime toward the end of July. I'm not going to be trapped in this dead end job for the rest of the year because of the NJ DOL screwing me over. I have to take control of things, and I should honestly only collect a few paychecks and call it quits because I do have a feeling the unemployment offices will reopen around September or October, but it'll be a judgment call.
I understand man, I just know some things dont always work out the way we have in our minds. Especially when it comes to work or unemployment.

Did you pick the lawyer you're going with yet?
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Old 06-12-2020, 04:30 PM
 
Location: Oregon
957 posts, read 538,455 times
Reputation: 635
Quote:
Originally Posted by Companygreed33 View Post
His case is a little more complicated. He's currently in talks with a few lawyers, and he seems to be going that direction first. In regards to PUA, he seems to of made enough to get regular UC benefits as he mentioned. I think the hold up is how he left his last job, where he had a simple misconduct penalty for not taking a drug test after a night of partying. So they let him go.

To be honest, I really don't know what the issue is, other than maybe some extra leg work the labor union probably doesn't wanna do. That's just my guess. The poster seems to be on top of his certifying weekly/biweekly. I'm curious what his lawyer will advice him to do.
Ah I see.
After reading through the entire thread... Im just wondering IF the misconduct is going to stick ... because it was alcohol related.
The OP wasnt drinking on the job... BUT because they refused to take a drug/alcohol test, the employer could argue that they were intoxicated at work... and since the OP refused the test, he/she cant really say he/she wasnt... if you follow me. So... Im wondering if the hold up is investigating THAT because then its not just simple misconduct.. .its drug/alcohol related. Perhaps.?
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Old 06-12-2020, 04:44 PM
 
290 posts, read 183,842 times
Reputation: 177
Quote:
Originally Posted by kaceyellis View Post
Ah I see.
After reading through the entire thread... Im just wondering IF the misconduct is going to stick ... because it was alcohol related.
The OP wasnt drinking on the job... BUT because they refused to take a drug/alcohol test, the employer could argue that they were intoxicated at work... and since the OP refused the test, he/she cant really say he/she wasnt... if you follow me. So... Im wondering if the hold up is investigating THAT because then its not just simple misconduct.. .its drug/alcohol related. Perhaps.?
Exactly! I orginally thought that as well when he mentioned it briefly in one of his posts. Though, when he said it was a simple misconduct and got hit with 6 week penalty. I kinda let it go from there. In most cases that can be seen as gross misconduct, and if he was operating heavy machinery or was a danger risk. The company is within their right to administer a drug/alcohol test. By him refusing to take it, can be seen as a fireable offense.

I'm intrigued by his case, and it's one I'm curious as to what the outcome will be. I know something is missing, and the long delay tells me there's more to it than just a click of a mouse. He seems game for a long fight, so he may get the win based on attrition or the fact his company will see him as a headache and not fight him. Just to make the problem go away. Hopefully he continues to update us throughout.
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Old 06-12-2020, 05:39 PM
 
Location: Oregon
957 posts, read 538,455 times
Reputation: 635
Quote:
Originally Posted by Companygreed33 View Post
Exactly! I orginally thought that as well when he mentioned it briefly in one of his posts. Though, when he said it was a simple misconduct and got hit with 6 week penalty. I kinda let it go from there. In most cases that can be seen as gross misconduct, and if he was operating heavy machinery or was a danger risk. The company is within their right to administer a drug/alcohol test. By him refusing to take it, can be seen as a fireable offense.

I'm intrigued by his case, and it's one I'm curious as to what the outcome will be. I know something is missing, and the long delay tells me there's more to it than just a click of a mouse. He seems game for a long fight, so he may get the win based on attrition or the fact his company will see him as a headache and not fight him. Just to make the problem go away. Hopefully he continues to update us throughout.
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.
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Old 06-12-2020, 05:49 PM
 
76 posts, read 29,068 times
Reputation: 20
Quote:
Originally Posted by Companygreed33 View Post
Exactly! I orginally thought that as well when he mentioned it briefly in one of his posts. Though, when he said it was a simple misconduct and got hit with 6 week penalty. I kinda let it go from there. In most cases that can be seen as gross misconduct, and if he was operating heavy machinery or was a danger risk. The company is within their right to administer a drug/alcohol test. By him refusing to take it, can be seen as a fireable offense.

I'm intrigued by his case, and it's one I'm curious as to what the outcome will be. I know something is missing, and the long delay tells me there's more to it than just a click of a mouse. He seems game for a long fight, so he may get the win based on attrition or the fact his company will see him as a headache and not fight him. Just to make the problem go away. Hopefully he continues to update us throughout.

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.
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Old 06-12-2020, 06:00 PM
 
Location: Oregon
957 posts, read 538,455 times
Reputation: 635
Quote:
Originally Posted by RinNJ View Post
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.
Ill tell you what has gone on with my sons case. He has been getting shuffled hither and yon since November. At the beginning of the week he called UI. He was on hold for about 20 min and a woman answered. She didnt know what was going on with his case (she literally said 'it says general suspension and then some other words.. I dont know what it means' WTF!) So she said she would transfer him to a claims specialist. He was on hold FOUR AND HALF HOURS! The new lady came on and said 'yeah it says general suspension, and incarceration (???????) and my son said 'Im not incarcerated' and then he had to explain that IF he was incarcerated he wouldnt have been able to be on hold to talk to her for Four and half hours. She finally admitted she couldnt help him (!!!!!!!!) and that his case has to be assigned to an Adjudicator. He asked to speak with one.. and she finally transferred him....................... to a voice mail !!!!!

The people who are working over there NOW are just phone answerers and seat warmers. They dont know what they are doing.
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