Unemployment compensation question

I lost my job and did the online application for unemployment compensation. Something came up on the confirmation page about "misconduct." I have no idea what this could be referring to -- I was (I thought) a fully contributing member of my team, no disciplinary issues, all my performance reviews have the highest overall rating. I knew I wasn't my boss's favorite person, but I cannot think of a single episode that would have qualified as "misconduct." I'm worried that my now former employer is going to make some BS allegation of "misconduct" as a way to keep me from qualifying to collect unemployment... should I be looking to hire an attorney now? The initial telephone interview is scheduled for December 2... can I assume that it's a given that the decision will not be in my favor and that I'll have to appeal?

http://www.foxrothschild.com/publications/new-law-makes-it-more-difficult-for-discharged-nj-employees-to-collect-unemployment-benefits/

I'm sorry to hear that Bluepool.  I don't know the law in this situation, but here is a link that may be helpful.  

I don't think your chances of getting your entitlement is bad at all. I've heard that employers back down on that. Maybe they have to provide too much paperwork or something. And maybe some forms of misconduct are allowed under state rules.

But maybe you should ask a lawyer. I'm just guessing here, and you need better advice than that. I'm not really advising you, just reflecting on the fact that things might turn out OK for you.

http://www.employmentlawnewjersey.com/unemployment_benefits.htm

Another link. It looks like you will need to appeal. My guess is you would have the right to know why your employer claimed "misconduct."

I don't remember if I had a phone interview when I had this issue over 10 years ago, but I was able to dispute the employers claim of misconduct..I believe I just sent a form documenting my side.  My employer was actually engaging in illegal behavior..discrimination and misusing state funds and I was let go for refusing to participate.   I was given full benefits...and not long after all of the top supervisors were fired...and the next level supervisors were busted down to entry level positions as they were not qualified to be supervisors to begin with.

Be sure to claim benefits every week while waiting for the interview.

You can be denied benefits for the 1st couple months (I don't remember the exact time frame) for significant misconduct..completely for severe misconduct.

I would think the employer would have to have incidents well documented to make their case...and as you know nothing about misconduct, I don't see how they can have it documented.

Sorry to hear, Bluepool. I find you to be a conscientious and thorough professional.

If there is an interview with your employer, I think that is the indication they are appealing, right?  Otherwise, everything is done on line and you don't really get called to do anything except possibly report job interviews or go in to meet with NJUI if you file for an extension.  In general, I think this is on the employer to prove and that UI generally favors the employee in this he said/she said kind of situations. I don't think you need a lawyer at this point but I'd want to know why the employer thinks they have grounds for denying it (details, production of documented evidence) and I'd be prepared to share your performance reviews and other evidence supporting solid history. If you get denied and have to appeal, I think that is the time for a lawyer.

bluepool said:

I lost my job and did the online application for unemployment compensation. Something came up on the confirmation page about "misconduct." I have no idea what this could be referring to -- I was (I thought) a fully contributing member of my team, no disciplinary issues, all my performance reviews have the highest overall rating. I knew I wasn't my boss's favorite person, but I cannot think of a single episode that would have qualified as "misconduct." I'm worried that my now former employer is going to make some BS allegation of "misconduct" as a way to keep me from qualifying to collect unemployment... should I be looking to hire an attorney now? The initial telephone interview is scheduled for December 2... can I assume that it's a given that the decision will not be in my favor and that I'll have to appeal?

Interestingly, I got a call from a coworker earlier today who it turns out was also let go the same day I was... She had information that my boss told the other members of our team that she was not going to rehire my position, that it had been eliminated. Does this change the picture with unemployment compensation? Since it appears that "misconduct" was not really part of the decision to let me go?

(And thanks, bigben! We'll talk...)

No need to call a lawyer until/unless you are denied. The situation may result in an in-person hearing in Newark.

In my experience attending these hearing with my employer, the employee usually wins.

bluepool said:

Interestingly, I got a call from a coworker earlier today who it turns out was also let go the same day I was... She had information that my boss told the other members of our team that she was not going to rehire my position, that it had been eliminated. Does this change the picture with unemployment compensation? Since it appears that "misconduct" was not really part of the decision to let me go?

(And thanks, bigben! We'll talk...)

Absolutely it does! It's position elimination and they cannot deny you if this is why you were let go.

I was in a situation like this. I had to send documentation and a letter stating why I thought I should receive unemployment. Had to do the 3 way phone conversation but did not get a lawyer. I won the appeal. It took a few months.

bluepool said:

Interestingly, I got a call from a coworker earlier today who it turns out was also let go the same day I was... She had information that my boss told the other members of our team that she was not going to rehire my position, that it had been eliminated. Does this change the picture with unemployment compensation? Since it appears that "misconduct" was not really part of the decision to let me go?

(And thanks, bigben! We'll talk...)

That certainly would change your situation.  Can you get any documentation of that or would it he said/she said?

Chances are high your employer won't even show up to a hearing.  I wouldn't worry.   Many people win these scenarios.

I just went through this. My employer fought my unemployment so when I had the phone interview I was denied benefits. I had a consultation with a lawyer and he said I would have a 50/50 chance on appeal. I chose not to appeal because I didnt want to have to pay lawyer fees on top of having no income. Also they can change your misconduct from simple to severe if you lose the appeal. I just had to wait out their lovely 8 week penalty before refiling my claim. PM me if you have questions.

Now I'm really confused. I got an "Unemployment Insurance Instructions and Appointment Notice" in the mail from the NJ Dept. of Labor. The notice says "You will claim your unemployment benefits for the first time on 12/02/2015." I thought that date was the scheduled date of my "non-monetary appointment" to determine my eligibility for benefits, as stated on my online claim status. But the notice in the mail doesn't say anything about an appointment to determine eligibility for benefits... There's an area where it's supposed to list any appointments scheduled to determine eligibility for benefits, and that area is just blank. This is so annoying -- it looks like a discrepancy between the online and paper notifications... I guess I have to call them on Monday and find out what the **** is the deal. I got my hopes up when I saw the paper notice that maybe I was approved to receive benefits without any objection from my former employer... 

Update: I had the phone interview (non-monetary appointment) on Wednesday. Interviewer didn't mention anything specific related to cause for being fired, just asked me if I could think of any recent incidents that might have resulted in my termination -- my truthful answer was no. I made sure to mention my excellent performance evaluations, my recent salary increase, and my clean employee record with no warnings or disciplinary action... Interviewer tried to reach my employer on the call and was told that he would have to wait for further information from a third party. I was told that I might get a call from UI this afternoon in case they needed more information or a rebuttal statement. Never got the call. I'm now supposed to wait 5-7 days for a determination. I'm just stressed that my employer could come up with something performance-related to justify a misconduct finding, and UI will just rubber-stamp it and delay or deny my benefits... There were apparently some recent changes in Dept. of Labor rules to broaden the definition of "simple misconduct" so that the "misconduct" does not have to be "willful" or "wanton" or "intentional"... Anybody got any recent experience to share? I am so incredibly stressed out over this...

I'll be glad to talk with you about this, as I have, unfortunately, some experience with the UI system. Basically, the only reasons for rejection of a UI claim are pretty simple, and usually involve misconduct (like showing up drunk) or criminal actions. Text me at 973 919 4541, we'll make contact, and I'll be glad to talk with you. I've had only one employer that objected to my application for UI, and that required a phone interview. The employer had never documented anything, couldn't produce any evidence of misconduct or criminal activity -- the job just didn't work out. And that's exactly what the UI interviewer said on the phone: "We know sometimes these things just don't work out".

And if you received a notice saying that you had a date to claim, go for it.

The job market has not been kind to me in recent years, and I have been on UI several times. Believe it or not, I have found the DoL (Dep't of Labor) people to be unexpectedly kind and reasonable. You say that you're "stressed that my employer could come up with something performance-related to justify a misconduct finding, and UI will just rubber-stamp it and delay or deny my benefits". Unless your former employer has credible documentary evidence, I wouldn't be too stressed. Believe me when I say I was totally stressed in anticipation of my phone interview with the UI rep, so I understand how you're feeling.

Again, if you'd like to talk, feel free to text me. .