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I was penalized 90 days for making a false statement that I didn't make. The person that did my telephone interview in the beginning didn't like the answer to a question about canceling out of a job assignment. I told her that I had car trouble, which was true. Then she wanted to know if I could have taken public transportation to the job. I told her that I probably could have, if it was planned the night before, not at 5:30am. She then wanted to know if someone in my building could have given me a ride to work. I told her that no one else where I lived at that time had a vehicle, so it was impossible.
So I had to wait three months for my unemployment. I didn't want to appeal it and wait any longer, I wouldn't have been able to pay my rent. I sure wish I was getting the maximum. My UI was $288 per week last year, and they went down to $231 per week this year.
It seems to me these issues should have been brought up during the appeal process, which would include the x employer and the employee. If he won that appeal, the burden of proof definitely falls on the employer since these new allegations were not brought up at the first hearing.
The former employer will have to supply new evidence -- perhaps something that "came to light" since the initial hearing.
In any event, the ex-employee is entitled to see whatever "new evidence" the ex-employer submitted in support of requesting an appeal of the ruling in the ex-employee's favor. Since the ex-employer is requesting the new appeal, the ex-employee can also request a transcript of the first hearing (which ruled in his favor), and documentation of any materials the ex-employer submitted at that hearing against the ex-employee.
That why -- in an earlier post -- I advised the OP to request all of that documentation as soon as possible, so they will be aware of what they are defending against in the next hearing.
I have been on unemployment for the last year and today, I had to file a new claim and it turns out that they are saying that I should have not been elligible for it in the first place. I resigned from my mortgage job, because I wasnt getting any loans and I was reviewed by my manager and told I wasnt up to company standards. I was already making much less then before since I wasnt able to get any loans. My pay was based on commission plus draw, which the draw you had to pay back out your commissions which was retro active. I had a choice to resign or get fired later on do my poor work performance. I was miserable at the job, and decided I would resign and try to get a job somewhere else, and I did for a short time, but then I was fired from that job after only 3 weeks, due not getting any loans. I was working in NJ, but transferred to MD, because of the house I had in MD was no longer being rented out and I could not afford to pay mortgage and rent in NJ. I did not resign from my job in NJ, only from MD. NJ has been paying me the unemployment, not MD and now I am afraid I might have to pay this money back. Although, my former employer did not dispute the claim after year, but the unemployment office is going to talk to them now. I am wondering what will happen. Plus, in the mean time I have no money and will lose my house. If I wasnt eligilble I wish I would never had gotten it in the first place and dealt with the consquences then...Now what can I do? I have two phone interviews next week, to see what can be done. Any help or advice or knowledge in this area would be appreciated. I also did try to transfer to another dept, in Wells Fargo, but could not get anywhere....Thanks for your help anyone!
Call NJ. Normally you have an answer in a two or three weeks at most. Why have you waited so long?
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Unemployment problem in NJ
