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The letter is dated 7/15/2022 and says that I left work voluntarily on 6/13/2021.
It then goes on to say that I left because I believed that the working conditions were a threat to my health and that there is no evidence that there was a risk.
It continues to say that my reason for leaving is not identified under the Cares Act and is not eligible for PUA.
I did not file under PUA. I filed under UI and listed the black mold as a health hazard. I believe the black mold has since been removed.
I guess I just got tangled up in the system somehow. I see now that Scraprsmith said you aren't eligible for EB when you voluntarily quit. I didn't know - it was there in my name! I know ignorance is not an excuse but NJ really messed up on me and I hope they will deal with me fairly.
The letter is dated 7/15/2022 and says that I left work voluntarily on 6/13/2021.
It then goes on to say that I left because I believed that the working conditions were a threat to my health and that there is no evidence that there was a risk.
It continues to say that my reason for leaving is not identified under the Cares Act and is not eligible for PUA.
I did not file under PUA. I filed under UI and listed the black mold as a health hazard. I believe the black mold has since been removed.
I guess I just got tangled up in the system somehow. I see now that Scraprsmith said you aren't eligible for EB when you voluntarily quit. I didn't know - it was there in my name! I know ignorance is not an excuse but NJ really messed up on me and I hope they will deal with me fairly.
As I mention from the start, it's not good enough you believe something is a health hazard, you have to prove it. That's what they are saying in their determination. As such, you would not be eligible for any original UI or EB payments so they want all the money back.
Now that doesn't mean you still don't have recourse. Can you obtain anything that would show that they did remove the mold because it was a health hazard?
I received a letter from NJ today entitled: Notice Of Receipt Of Appeal.
It says: The appellant's communication has been received and is under consideration by the Appeal Tribunal as an appeal from an agency determination. All interested parties will be advised of whatever action is taken in this matter at the earliest possible date.
What happens next? Is this just a standard letter? Do they make their decisions from the appeal letter I wrote them or is there a hearing?
I received a letter from NJ today entitled: Notice Of Receipt Of Appeal.
It says: The appellant's communication has been received and is under consideration by the Appeal Tribunal as an appeal from an agency determination. All interested parties will be advised of whatever action is taken in this matter at the earliest possible date.
What happens next? Is this just a standard letter? Do they make their decisions from the appeal letter I wrote them or is there a hearing?
Sounds like the standard form they send acknowledging receipt of your request for an appeal hearing date. Next step would be them sending notice with the actual appeal hearing date... which for NJ can be months from now. Several weeks back they were saying they were working on appeal hearings from September and October 2021. Hopefully yours will move along quicker than that. I have seen some move through in 3 to 4 months from date of appeal hearing request until actual appeal hearing date.. But most have waited a considerable amount of time.
Thanks Scraprsmith. Actually for me not getting a hearing for several months would be a blessing! I guess I'm not counting on winning. Maybe in a few months I will be working again and can get a payment plan if I lose the appeal.
That a standard reply to say they got the appeal request.
Although the burden of proof rests squarely on your shoulders when you quit, you don't always have to have proof if you can get the employer to admit that your concerns were valid. Your former employer's only real testimony is to present the documentation that shows you quit on your own. Hopefully if you submitted a written notice of quitting it outlined the exact reasons as that's always a great lead into the issues at hand and can be used to trap them into an unintentional admission.
Thanks Scraprsmith. Actually for me not getting a hearing for several months would be a blessing! I guess I'm not counting on winning. Maybe in a few months I will be working again and can get a payment plan if I lose the appeal.
Considering the amount, $23K, I think you should consultant with an attorney who has experience in employment law.
Attorneys don't like these cases because they aren't fighting the employer, they are fighting the State. Since VQ's have set standards, the claimant needs to be able to hit the just cause threshold based on the regulations. Where an attorney may come in handy is to review and let the claimant know if there is just cause and if it can meet the standards required in the regulations, or if they just don't have anything.
Unfortunately, many employees that quit for what may be a legitimate just cause, often fail to receive benefits because they just can't prove their case or they didn't set up the just cause before quitting or worst, they themselves did something to disprove their own just cause reasoning.
What bothers me is that this is NJ's mistake. They let me claim benefits so I thought everything was ok. Then in July 2022 they tell me that they decided I don't qualify. They should have told me that in July 2021!
I see people on here whose benefits are not payable immediately as they navigate the system. I didn't have that problem. I'm not experienced in collecting unemployment. I was able to certify and collect. I did not foresee this happening.
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