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stress

by wayne
(new jersey)

I worked for 6 months in a warehouse as the manager. I supervised 2 warehouse workers and 2 drivers. After 1 month, one worker had a heart attack and was not replaced. I was asked to go on without him. I started filling in for him, assuming his duties and more. The warehouse had been a mess and disorganized. I got it looking good and working well, getting compliments and a small Christmas bonus. A short time later, one of the drivers got throat cancer, and he was not replaced, so my remaining worker was put in his place to drive the truck. I found myself alone in the warehouse, doing the work of 3 people. Also, the forklifts kept breaking down, and because the company (very small company) was refusing to pay repair bills, repairs were delayed for long periods of time. I often had only one forklift, and that one was not working properly, creating difficult and dangerous working conditions.

I became very frustrated and had a few occasions when I "vented" in the warehouse, and used inappproriate language as I "vented". I never directed my "venting" at any other employees or my supervisor, who worked in the office, a hundred yards away. I never refused to do any work or disobeyed orders,nor was I late, absent, or insubordinate. I never received any verbal or written warnings, nor discussion about my frustrations. My requests regarding replacing the missing workers were met with " can you guys get it done for a while?". The manager said they would give the workers(I didn't ask about myself) some extra compensation. A month later, the workers asked me about the extra money, so I asked the manager and he denied ever saying that he would give them anything extra.Trying to be a company guy I kept on. Also, the company trucks, due to age, kept breaking down, and put the driver in dangerous roadside situations. I was terminated at my 6 month review, cited for "not being a good fit". I had been laid off from a previous job so I had collected on that claim for the ensuing 4 months.
I found another job, but was laid off due to a sharp decline in their busuiness. I filed a claim for the 6 months I had worked there, was interviewed on the phone, and recieved a letter saying I had been granted my UI benefits.
The employer has appealed, stating "severe misconduct"
What are your thoughts?



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Nov 30, 2014
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Thanks for commenting Anonymous ..
by: Chris

I would like to note, that EDD precedents might not be as much use to "stress" because he/she is dealing with getting unemployment benefits from the State of New Jersey.

If New Jersey has any
UI law interpretive resources for lay people, I'm not aware of where they might be located online, so I could link to the resources.

I might note that when NJ altered their definitions of work related misconduct to include "simple" as a level of misconduct, the result was a significant dip in the percentage of those who ended up collecting benefits.

This point is proven over and over again right here.

Choose #13, then NJ, then choose 2009 for a beginning year and 2013 for the end year .. and you'll have to ignore the warning that the government website where the statistics are located .. is oddly, unsafe. I go there all the time without anything obviously bad .. happening to my computer.

You could use the statistical tool to do the same for California, and see in what year there was also, a significant drop in the percentage of the total unemployed who actually received benefits.

Nov 30, 2014
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Response to stress
by: Anonymous

The stress alone of having to do extra work when no one else was hired to replace the employees that were sick (probably from this job)would cause any sane person to vent and u state that it was not directed to anyone at work I think is the least of your worries. The employer gave you a small bonus so they were happy with you as an employee. Also you and the other employees were driving old vehicles causing a potentially dangerous situation. Is there past employees that would back you up? Witnesses are good to have as it reinforces your claims. Look back on the EDD website of old cases that may give you additional information. Good luck as I am going on my second phase of appeals as their were so many discrepancies by the first judge and blatant lies under oath from my former employer..

Nov 24, 2014
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Oh Wayne ..you should know before a hearing what an employer intends on proving to be misconduct.
by: Chris

How about what the employer told the unemployment department the cause for discharge was .. because I am currently questioning whether your employer told them what they told you at the time of discharge .. not being a good fit.

Did you read the general definition for work related misconduct?

Nov 24, 2014
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QUESTION
by: WAYNE

what is "missing"?

Nov 24, 2014
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My thoughts
by: Chris

My thoughts, as far as would be confined to how the employer plans on proving severe, vs. simple, or gross misconduct connected to the work.

Have you asked the NJ LWD for your state claim file to know how they originally responded to the department? Because that's usually the point where I start thinking from ..

The funny thing about these three levels of misconduct disqualifications (NJ changed how misconduct DQs worked in 2010 to drop recipiency .. my thought) is the simple type actually encourages people not to appeal cases that would in fact, be easier cases to win .. if you have to consider the burden of proof and that it is an employer who is supposed to PROVE misconduct occurred at the initial claim level and then, must be able to SUSTAIN it at an appeal hearing .. i.e., the full fact finder.

I will tell you when an employer tells the unemployment department the discharge was for not being a "good fit" it literally implies misconduct was not the cause, but a bad hiring decision by the employer.

That you mentioned you did make some inappropriate statements while at work .. leads me to believe the most important part of your story that could affect the outcome of the hearing is... missing.

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