Unemployment backpay !

(New Jersey Unemployment Benefits)

Will I get backpay for my 7 week penalty?

Hello ,

My question is quite simple ... I've been searching all over the internet & I have not come up with a answer to my questions. I tried calling NJ UI office but like everyone else its KILLER trying to get through to an agent.

Anyway, I was fired in July for simple misconduct, I filed my claim 2 days later (its my first time claiming unemployment), about a week after that I got a letter in the mail telling me when to call in to claim my benefits but because of the simple misconduct stamp I needed to do a phone interview!

Long story short I did the phone interview and was disqualified for 7 weeks ... after my penalty period was over I re-opened my claim for the benefits and a couple weeks later I got my first check (I was told I can claim every week - which I have), my question is will I get backpay for my 7 week penalty?

During the the penalty weeks when I got the first letter that told me the date to call & claim I did but I stopped because of the disqualification letter that was sent later ... on my claim it tells me my claim date is the day I first claimed my benefits back in July so I assume those 7 weeks would be credited back to me ...?

I've been told I should get paid for those weeks I was penalized but I've been claiming for 3 weeks now & I still haven't received the backpay.

I know I'm rushing into this and expecting too much too soon but I just want to know if I should expect it or not . I would hate to get excited about receiving a lump some of money ... just to not receive it ! thank you for your time & answer to my question !

Hi, I have no idea when you're going to start receiving your benefits. I do not think you will receive any lump sum associated with the seven week disqaulification.

Any benefit year is just that .. a year. It's the period of time between your BYB and BYE dates.

A benefit year typically may entitle you for up to 26 weeks max of regular benefits.

A disqualification in NJ is the specified number of those 26 weeks (7 in your case) that they are not going to pay you anything .. NJ does not have a required unpaid waiting week .. so I'll skip explaining how that could delay payment in some states.

So no, I do not expect that you will receive a lump sum payment from any of those seven weeks you've been serving your disqualification.

However, when I visited the NJ unemployment website to review the DQ's for their new and excessive, three separate levels of misconduct, I could not find any reference that that 7 week DQ also cancels the credit weeks ..

Someone is going to have to let me know if they cancel the weeks permanently or just move them to the tail end of the remaining weeks of benefits.

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Jun 07, 2016
Back pay
by: Anonymous

I was approved for unemployment for November 6th and I was doing my weekly claim online and I haven't received no money in 7 months so I called them and told them 4 days later I received this letter telling me that my benefits started on November 6th 2015 Indy will be ending November 6th 2016 into keep making my weekly claims

Backpay? Really?

I get it, your BYB to BYE would be the typical year long unemployment claim.

But when benefits are denied, or allowed it's being based upon the separation from a job. When it's a new claim, it's generally the separation that caused the claim to be filed in the first place and the state is mandated to send first, a monetary determination telling you how much your weekly benefit will be, then they investigate the cause for separation and send the non-monetary determination telling you and the employer, who also is asked to respond to why you filed the claim, if, you are eligible to receive a weekly benefit amount based on the conclusion of that initial investigation and determination of benefits.

So, here you are in June of 2016, and you're just now deciding to ask questions .. like where's my benefits?

When did you receive this "letter"? What was the mail date of that letter? And most importantly .. was it a monetary, or non-monetary determination and if so, what did it tell you aside from just keep filing weekly for benefits?

When someone doesn't communicate what they do know when writing their story, or question .. What's the point of asking me .. if I insist it might be better to read some other Q&As first.

Nov 15, 2015
Can I get paid for my 15 weeks penalty if my case was dropped from gross misconduct to simple misconduct?
by: Anonymous

Hello, can someone tell me if I will we denied or approved by Maryland review board after lower appeals agreed with my company firing me for gross misconduct, then later dropped it to simple misconduct for initiating the Union board to come in? So later I received a letter saying I was penalized for 15 weeks, however im receiving my benefits now but I'm awaiting the board of review to appeal or deny me of the 15 weeks penalty which its been 320 days and I still haven't heard a response.what's bothering me is that I was fired for initiating the union buy three weeks later the company brought a union in...please help me understand what my out come will be.

Have you tried exploring the potential outcome for yourself at the Maryland UI digest?

That you did not provide any details, or findings from the tribunal appeal hearing, it would be difficult for me to say what you might expect, since a board appeal is basically, a written argument based on the record of the first appeal hearing, including the findings and conclusions of the hearing officer who, if I'm also assuming correctly, had the authority to amend the disqualification for gross misconduct to the simple type of misconduct not rising to the level to be considered "gross".

I'm also assuming 15 weeks is probably the max number of weeks for a regular misconduct finding.

But, that the hearing officer could of used his/her discretion to reduce the number of weeks to a lesser amount .. might be the issue you're now fighting on.

Oct 19, 2013
Social Security and Unemployment
by: Anonymous

I went back to work and was fired the same day but i dont know why..i didnt ask because i'm afraid of my boss she is rude and disrespectful. I was put back on social security but i have a phone interview with unemployment. Could i possibly get both benefits at the same time one for disabilty and one for getting let go from my other job of 8 years...also she treated me so bad i want to file a letter or something to make sure she didnt do this and she is going to get away with it...she will continue to do this to other workers i wondered if it was because i wasnt a certain race. Im lost but i could use the money..thanks

If you would like to talk about it .. so I can ask you a few questions as indicated because of reasons indicated here.

Mar 27, 2013
do i have to worry
by: Anonymous

but the benefits coming from my last job which close down. I just was working for the temp 3 months. I'm trying to reopen my claim.

It's always the merits of the last separation from a job that controls the claim going forward .. even if the claim was begun with a layoff.

So, that you originally filed for benefits because you experienced a "lack of work" is no longer the separation that determines whether you'll be able to start collecting the remainder of benefits.

It's the separation from the temp assignment. And if I could move comments .. this conversation would be under temporary work issues.

Temporary work is actually "subsequent employment" to the start of a claim. Your most recent employer becomes the temp agency and temp agency FIGHT unemployment benefits tooth and nail using every reason imaginable because the "business model of leasing out it's employees gives way to a constant barrage of "lack of work claims because they don't have enough suitable temp assignments to send all their employees to.

Therefore, if you take a temp assignment you have to pay double attention to protecting your claim, not to mention that many states have created special provisions that cause a temp employee to of quit "without good cause" when they can't prove they contacted the employer (temp agency) for further work at the end of an assignment.

Mar 27, 2013
do i have to worry
by: Anonymous

I was working for this temp agency, an the job they find for me,I been there 3 months. I love the job, but it was grave yard shifts. but here's the problem. my engine goes in my car.so I call my temp to let them know what happen to me.an by the way,there's no buses running that time at night. so I would have to leave this site an hopefully you guys can find me another day time job.so they say they would let me know.so now I had the phone interview an she told me in ten days they would let me know. Is there a good chance I might when?

Forget that it's a temp agency for the moment, the type of employer that drives me nuts ..

I always think a person trying to get benefits should be concerned as only 30 percent actually collect.

And given the reason you quit the assignment (transportation problems) understand that getting to and from work is generally thought of as the responsibility of the employee who knew the terms and conditions of employment upon acceptance.

Fulfilling the burden of good cause to quit is .. to say the least, an undertaking trying to document all the ways you first tried to "preserve" and keep the employment.

Temp agencies, given the type of employment they offer are experts at responding to legitimate lack of work claims and stopping folks from collecting between assignments.

Your claim wouldn't take any tricks to deny .. just the truth.

I'm going out on a limb here to say I think things look rough for your chances.

Mar 26, 2013
how long will it take after phone interview to get back pay
by: Anonymo

I just did my Phone interview. an she told me to contuinue to claim my benefits. an by 10 days you should received an letter in the mail.so does that mean I won my phone interview?

No, not necessarily.

It means you were told to keep filing and expect the adjudicator's (the interviewer) determination in 10 days or so.

Even if a person is denied you can't be paid for any week you didn't file a continuing claim for benefits .. even if you don't receive the benefits then, you would receive them as backpay if you appeal and win the hearing reversing the adjudicator's determination.

Feb 05, 2013
Im in the same situation
by: Anonymous

i also received the 7 week penalty. If you do not claim during those weeks they will extend your penalty (they want to see 7 weeks claimed that you will not get paid for). These are PENALTY weeks so you need to claim them or you will never be paid for them. After the 7 weeks are up (since your claim was disqualified).

Just so those dealing with two other levels of New Jersey misconduct know this might not be the case for them.

The seven week disqualification .. and yes, penalty is for simple misconduct.

New Jersey altered UI statutes however, to reflect three different levels of misconduct which has substantially brought down the stat'es recipiency rate.

Simple, severe, and gross misconduct are now .. all on the table for employers to use to discharge. Only for simple misconduct do you have to only serve the penalty weeks ..

Severe and gross misconduct also carry the need to return to work and earn a multiple of your weekly benefit amount before you can collect.

Ironically, NJ is saying simple misconduct is that which you aren't warned ab out by the employer .. that is an interesting play on words for what I'd call an unsustainable burden of proof for the employer.

New Jersey unemployment disqualifications for misconduct.

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