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So to keep a long story short, my former employer has lied about my separation reason to the DOL. I know this because someone I use to work with told me and will write an affidavit to attest to it. I filed my claim on March 1st and just now have a fact finding interview scheduled for the 15th. My question is, should I retain a lawyer to take the interview for me? The lawyer I spoke to wanted $400 for taking the call.
I can elaborate more into the finer details if that will help anyone make a determination/opinion.
Will I need one? How have claim examiners be ruling in similar situations? Anyone have experience with a similar situation?
If i should not retain a lawyer, what should my plan me to dispute it? Citing laws, discredit the witness, etc.
So to keep a long story short, my former employer has lied about my separation reason to the DOL. I know this because someone I use to work with told me and will write an affidavit to attest to it. I filed my claim on March 1st and just now have a fact finding interview scheduled for the 15th. My question is, should I retain a lawyer to take the interview for me? The lawyer I spoke to wanted $400 for taking the call.
I can elaborate more into the finer details if that will help anyone make a determination/opinion.
Will I need one? How have claim examiners be ruling in similar situations? Anyone have experience with a similar situation?
If i should not retain a lawyer, what should my plan me to dispute it? Citing laws, discredit the witness, etc.
Thank you
Have you been recieving UI benefits since March 1st, or haven't you collected yet? What was the reason for your job seperation?
I have not been, my company did not report my earnings until may 25th. I was let go over the phone and was told it was an anonymous corporate complaint. No formal reason was given other than I was no longer employed there. My former manager said the district manager came in and said I was done. My former coworker checked the camera footage to confirm he was not there that day.
Also, what is the standard of proof for the interview?
They have to prove it was either willful or gross misconduct. Gross misconduct would be fist fighting in the store or being caught on tape doing something illegal etc... Willful is probably what your up against. This could be purposely doing a bad job in attempt to get fired. Generally if they have a paper trail of the same action being repeated over and over again, that's an easy one from them to use against you in court. If that is the case, you will wanna make it look as if you were just a bad fit for the job. If you can prove it was performance based, you will be rewarded your benefits.
Also, what is the standard of proof for the interview?
NJ routinely hands out just simple misconduct which is a 6 week wait out and then you are able to collect all weeks benefits on your claim balance as long as enough time left in your claim benefit year. Have you been certifying weeks all along? why pay an attorney? At this point if its 6 weeks of simple misconduct you will be entitled to collect all your back weeks starting with 6 weeks after your last day at work as long as your wer certifying your weeks all along. When does benefit year expire? How many weeks do you have to collect on your claim?
Last edited by scraprsmith; 06-12-2020 at 07:55 AM..
NJ routinely hands out just simple misconduct which is a 6 week wait out and then you are able to collect all weeks benefits on your claim balance as long as enough time left in your claim benefit year.
This is a very important item for those in NJ to know. "Simple" doesn't mean you lost benefits, it's just a delay until full benefits start.
This is a very important item for those in NJ to know. "Simple" doesn't mean you lost benefits, it's just a delay until full benefits start.
Absolutely, one of the very valuable things I've learned since joining this group a few years back. And for OP he/she has already passed the 6 weeks of ineligibility (wait out period) many weeks back. I would be taking the 6 weeks of simple misconduct and letting the issue die as long as there are enough weeks left in benefit year to collect all weeks/benefits entitled to.
They have to prove it was either willful or gross misconduct. Gross misconduct would be fist fighting in the store or being caught on tape doing something illegal etc... Willful is probably what your up against. This could be purposely doing a bad job in attempt to get fired. Generally if they have a paper trail of the same action being repeated over and over again, that's an easy one from them to use against you in court. If that is the case, you will wanna make it look as if you were just a bad fit for the job. If you can prove it was performance based, you will be rewarded your benefits.
Sorry let me clarify. When trying to prove my innocence, what threshold does my former employer have to meet? Clear and convincing, preponderance, reasonable doubt, etc.
Sorry let me clarify. When trying to prove my innocence, what threshold does my former employer have to meet? Clear and convincing, preponderance, reasonable doubt, etc.
but as noted above, if you're only going to be slapped with a simple misconduct, why go through the motions when it's only a 6 week wait out period, which you've already served and are now past at this point. It doesn't seem worth it. you will get all your weeks if enough time left in your benefit year to collect all the past claimed weeks if you're still out of work.
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