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Old 03-11-2010, 09:46 AM
 
1 posts, read 11,248 times
Reputation: 13

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My husband and I are both as nervous as anything about this terrible situation.

My husband has worked for a trucking company for 3 years and was fired unexpectedly in NOV 2009 after (nothis boss or even upper management), but they had some random person fire him.

They claim their insurance company couldnt carry him anymore. My husband has no prior incidents. And they might've rid him due to a speeding ticket he got 6 months before. WE honestly do not know a reason.

We do know my husbadn applied for unemplyment and he was denied the first 6 weeks, and was told to appeal which he immediately did and told the honest truth.

now he not only WON the appeal- but less then 2 weeks after we recieve a letter from unemployment stating his boss is appealing agaisnt his win and says my husband should NOT get unemployment AT all, not just the 6 weeks but the 2-3 months we have been recieving it-

my biggest question is...would unemployment and or the state of NJ just over turn a appeal they JUST awarded to my husband and make us pay back 10,000 so far of unemployment we have recieved already?

I am very concerned about this and would appreciate if anyone has a similar situation or know the outcome of this?>
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Old 03-11-2010, 10:48 AM
 
3,269 posts, read 9,223,911 times
Reputation: 2020
Well if he got fired for getting a speeding ticket...is that considered misconduct under his terms of umemployment? Sounds like it might be to me....
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Old 03-11-2010, 11:02 AM
 
600 posts, read 998,509 times
Reputation: 106
I can't speak for NJ, but I can tell you what happened to me here in Ga. I was working for a company and not getting paid. I quit. Initially, my UI was denied. I appealed and won. My old boss then fought it, saying that my job had changed and I was a commission employee (which is a lie, I never was). Anyways, long story short, my appeal was approved and my ex-boss' appeal was denied.

The lady here in Ga told me that once it is granted to someone, it's really hard for an employer to come back and have the UI reversed without real good solid proof. Just make sure your hubby sticks to his story and is honest. Things should be okay.
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Old 03-11-2010, 11:04 AM
 
Location: New Jersey
3,814 posts, read 11,243,982 times
Reputation: 944
Quote:
Originally Posted by redryder420 View Post
My husband and I are both as nervous as anything about this terrible situation.

My husband has worked for a trucking company for 3 years and was fired unexpectedly in NOV 2009 after (nothis boss or even upper management), but they had some random person fire him.

They claim their insurance company couldnt carry him anymore. My husband has no prior incidents. And they might've rid him due to a speeding ticket he got 6 months before. WE honestly do not know a reason.

We do know my husbadn applied for unemplyment and he was denied the first 6 weeks, and was told to appeal which he immediately did and told the honest truth.

now he not only WON the appeal- but less then 2 weeks after we recieve a letter from unemployment stating his boss is appealing agaisnt his win and says my husband should NOT get unemployment AT all, not just the 6 weeks but the 2-3 months we have been recieving it-

my biggest question is...would unemployment and or the state of NJ just over turn a appeal they JUST awarded to my husband and make us pay back 10,000 so far of unemployment we have recieved already?

I am very concerned about this and would appreciate if anyone has a similar situation or know the outcome of this?>

Read more: //www.city-data.com/forum/new-j...#ixzz0ht6mIylc
The short answer to your question is yes -- the State can overturn an appeal and if your husband is subsequently denied UI benefits he can be responsible for repaying the UI benefits he has already received.

Both parties in these appeals have the right to raise the issue again -- so if your husband had lost his original appeal, he would have had the right to challenge that ruling. In this case, the ex-employer has decided to appeal the ruling that went in favor of your husband -- and the ex-employer has the right to do that.

Generally, to win the right to another appeal in NJ the ex-employer would have to make a very good case -- for example, introducing new evidence that subsequently came to light since the last appeal. You have the right to see any documents that the ex-employer has submitted in support of his request for another hearing. Request those documents as soon as you can -- you need to know exactly what the ex-employer is claiming and what you are up against. The instructions on how to do that are on the notice of the appeal.

You should consider having an attorney look at your husband's situation, and either represent him at the next hearing or give you some advice on how to argue the case yourselves. This can be a tricky area -- and with the amount of benefits at stake, it might be worth seeking professional assistance.

If you can't afford an attorney, try your local legal aid office. They generally have attorneys who can handle a UI appeal.

These appeal situations can be emotionally wrenching -- I'm very sorry you have to go through it. Good luck!
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Old 03-11-2010, 11:21 AM
 
6,898 posts, read 6,885,664 times
Reputation: 2014
Quote:
Originally Posted by redryder420 View Post
My husband and I are both as nervous as anything about this terrible situation.

My husband has worked for a trucking company for 3 years and was fired unexpectedly in NOV 2009 after (nothis boss or even upper management), but they had some random person fire him.

They claim their insurance company couldnt carry him anymore. My husband has no prior incidents. And they might've rid him due to a speeding ticket he got 6 months before. WE honestly do not know a reason.

We do know my husbadn applied for unemplyment and he was denied the first 6 weeks, and was told to appeal which he immediately did and told the honest truth.

now he not only WON the appeal- but less then 2 weeks after we recieve a letter from unemployment stating his boss is appealing agaisnt his win and says my husband should NOT get unemployment AT all, not just the 6 weeks but the 2-3 months we have been recieving it-

my biggest question is...would unemployment and or the state of NJ just over turn a appeal they JUST awarded to my husband and make us pay back 10,000 so far of unemployment we have recieved already?

I am very concerned about this and would appreciate if anyone has a similar situation or know the outcome of this?>

the former employer will need to provide documentation of what the misconduct was as well as documentation on any warnings concerening the speeding ticket. They would also need to prove that your husband completely disregard personell warnings. If it appears to unemployement that the former employers are being vindictive, they will once again rule against them without further delay.
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Old 03-11-2010, 11:50 AM
 
154 posts, read 459,090 times
Reputation: 307
Your posting begs the question- what exactly did his ex-employer state their reason was for letting your husband go in the first place? (i.e. when yr. husband attended the appeal hearing, what did his old employer say?)
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Old 03-11-2010, 12:13 PM
 
Location: Bergen co.
563 posts, read 1,187,219 times
Reputation: 218
wow, 10'000 in unemployment benefits in six weeks?
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Old 03-11-2010, 12:18 PM
 
Location: Talmadge, San Diego, CA
14,393 posts, read 27,940,661 times
Reputation: 8807
He needs to appeal it. Quite obviously, his former employer doesn't want to pay unemployment benefits. By appealing it, his employer will have to show proof of his "misconduct" to the hearing officer. Quite often, the employer doesn't show up, and the plaintiff will automatically win.
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Old 03-11-2010, 12:20 PM
 
Location: NY
202 posts, read 580,888 times
Reputation: 76
Quote:
Originally Posted by 86Sebring View Post
wow, 10'000 in unemployment benefits in six weeks?
"not just the 6 weeks but the 2-3 months"
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Old 03-11-2010, 12:42 PM
 
Location: New Jersey
3,814 posts, read 11,243,982 times
Reputation: 944
Quote:
Originally Posted by moved View Post
He needs to appeal it. Quite obviously, his former employer doesn't want to pay unemployment benefits. By appealing it, his employer will have to show proof of his "misconduct" to the hearing officer. Quite often, the employer doesn't show up, and the plaintiff will automatically win.
The OP's husband did appeal.
He won the appeal.
His ex-employer is now appealing that ruling.
Since the ex-employer brought this second appeal (the first was brought by the OP's husband), it's unlikely that the ex-employer will not participate in the next hearing.
The OP's husband now has to respond to the ex-employer in the next hearing.
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