Denied my Appeal of Benefits for "VOLUNTARILY LEAVING JOB"
Hi, I was initially denied unemployment benefits for what they considered "VOLUNTARILY LEAVING JOB". I actually was terminated from my job for losing my drivers license. I could understand getting a 6 week penalty for misconduct but i definitely did not quit my job. I didn't get into the whole sob story of what happened with my license at the the appeal hearing because i thought it would be better to stick to the facts because i was only trying to prove that i did not quit and was in fact fired. I got pulled over in a drinking and driving incident on the night that i learned that my father was terminally ill. Over the next 4 months I tried despererately to find another job within my company that didn't require driving while caring for my father. there are hundreds of inside position in the multi-billion dollar company i worked for. i informed management immediately and told them i would take anything they had for me. this was all done before i lost my license. then on April 8, 2009 i finally went to court and lost my license. on April 9 my father passed away. I was employeed with the company for 13 yrs. and have worked on the books paying into UI for 17 yrs, since i was a teenager and never collected once. company policy says that if your job title requires you to drive and you lose your license you will be put on a departmental
leave of absense where the company will look for a job for you with-in the company in that time. if a position is not found after 30 days you will be removed from the payroll. I sent in my letter of "termination" as evidence, but the appeal examiner still concluded that i left voluntarily. I did everything i could to remain employeed with the company. Also, the company never even disputed me collecting, it is just the state's interpretation. Is it worth trying to appeal higher up to the board of review? Thank you for your time.Answer
Would you care to share the exact language and "reasoning" from the decision?
Because I'm trying to figure out what the reasoning was to find a voluntary quit was actually the case when you presented a termination letter. I suspect what the reasoning might be, but given that you also presented company policy which provides a way to stay employed if something like this happens ... I would argue.
So Yes, without knowing more .. I think you should appeal to the board of review .. since NJ requires you to return to work and earn 6 times your WBA in addition to serving the 6 weeks when you quit .. unlike a discharge which only requires the 6 weeks to be served.
And I always suggest at least talking to an attorney
when appealing a hearing decision to the board of review .. so it's as worthy as it can possibly be.