Unemployment told me I had no benefits left on my claim which was not true

I live in New Jersey and took a job after I was told I was not entitled to anymore benefits, which was a mistake on unemployment,they misprinted the year on my paper work, I was entitled for 1 additional year. Because of this I started working as a bartender making extremely low income and it cost me as much in travel expense as well as day care to stay working as a bartender. I was promised to make 4 times more money then I was actually making. I was losing money after it was all said and done.I decided to quit after 2 weeks working because of these reasons. The employer said to unemployment that I said the job was not suitable, which is totally false. I was denied my unemployment because of this. How could I tacticfully pursue this issue?



Hi,

Why don't we start with what you told the unemployment department was the reason you quit the job.

Remember it is you that quit and it is you that has the burden of proof to show you had a valid reason for quitting and that that reason is valid per the unemployment department.

Comments for Unemployment told me I had no benefits left on my claim which was not true

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Dec 15, 2009
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Per our Phone Conversation on 12/14
by: Anonymous

Can you clarify what you said last night regarding the determination appeal letter when you stated I wish to appeal this determination letter dated 12/10/09 because the work was not suitable to "my prior training and experience". Can you explain what you mean regarding the above quotation. Is it in regards to my prior job as a office manager or is it the P.M. training I received from the bartenders job which I had left. Thank you in advance. Please reply.


Hi,

As we discussed, the work isn't suitable work for an office manager, but you took the job anyway .. given that you have been unable to find work as an office manager.

What made you decide to accept the position in the first place was that you took the job on the condition that you would be working nights only. This is what made it feasible with regard to childcare issues based on what the employer told you about the hours and the pay.

It wasn't until after you began work that the employer changed to conditions under which you made the decision to accept the job in the first place.

Now we need to remember that the employer has also done some things which present a different picture of those conditions .. namely the pay, but you can prove that you were not aware of this when you chose to quit.

Keep the appeal letter as simple as possible.

I wish to appeal the determination dated (?) I ask that a hearing be scheduled as soon as possible, so that I may explain why I disagree with the determination.

That covers it without locking anything down and avoids any preconceived notions about what your testimony will be.

You can establish your prior training and experience at the hearing ..

Dec 13, 2009
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I received my dtermination letter yesterday
by: Anonymous

Chris,
I received my determination yesterday in the mail. It states, "I'm disqualified for 4 weeks 10/11 thru 11/07. I refused work on 10/16 I voluntarily resigned from the job after less than 2 weeks because I felt the wages were too low.
The prospective employment was compatible with my previous experience, paid the prevailing rate for this type of work and I was within a normal commuting distance from my home. My reason for refusing the work is not compelling. Therefore, I refused suitable work without good cause. I am disqualified for benefits". R.S. 43:21-5 Disqualification for Benefits (N.J.)
I was trained on 10/13 & 14 stating I refused to work on 10/16 which was right after completing my training for two days. I trained on a Tues. and Wed. and states I refused to work on that Friday, false statement. I started my 1st regular scheduled week that following Tuesday, 10/20. I was told to receive $3.17 per hr.. After receiving my paycheck a month later in the mail they paid mr $7.25 per hr. (minimum wage)I stated to unemployment I was making $3.17 per hr.bartender rate. I did report this to unemployment. Please give me your response on writing the appeal letter. My due date is Thurs.Thank you in advance.


Hi Anonymous,

If you want me to personally help you with an appeal letter. Please see this page.

I would need to be able to ask you some questions to clarify your situation for myself.

I wish I could could help everyone for free with everything, but I can't. And I can't help if there isn't a viable argument and ways to prove the argument.

But I can tell you that to appeal .. the most important part is to make sure the appeal is timely. There is no need to present your case in the appeal letter.

I wish to appeal the determination dated (?)and request a hearing be scheduled at which I will present facts and documents to show that I refused the work with good cause.






Dec 02, 2009
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Reply to your questions
by: Anonymous

Chris,

I did not receive the letter from the state as of yet. According to the state, they are 2 months behind in the office where my claim is in. To answer your other question, I told the lady from unemployment that I was not making enough money and that it was costing me more money to work then not too. I received my 2 paychecks yesterday afternoon and they paid me for less hours that I actually worked 23 hours to be exact,the wrong weeks then the weeks I actually worked, and paid me minimum wage instead of bartenders pay which is double plus $1.00 per hour. I can not believe the situation I am in. I told unemployment I was making less then what they paid me , but they cut the hours that I actually worked. The manipulative actions this employer has conducted against me is horrific. I feel I should take this to the labor board because it has gotten out of hand. Please give me your response to this matter. Thank you.


Hi,

To pursue this you need the determination to appeal the issue.

It is not acceptable that someone should have to wait two months to get a determination in order to appeal before a hearing is scheduled and who knows how long that will take.

Call someone. The governor's office, the attorney general, you state representative and senator .. the NJ appeal board.

It is NOT acceptable to wait 2 months for a determination by any standard .. including the federal guidelines. In fact it is not acceptable to wait two months for anything to do with unemployment.

I understand that they are understaffed to deal with this recession, but if you don't fuss nothing will be done to speed up the process.

The only way to take care of the denial is through an appeal of the determination.

Dec 01, 2009
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Unemployment Benefits
by: Mario Riccio

I have no problem proving how much I made. Of course I already let unemployment know how much I made in tips for the two weeks I was there. As far as I know I was making $3.17 per hour. But as of today I still haven't received my paycheck from them. I called three times and they told to call their Accountant who was extremely rude. I called again the day after Thanksgiving and asked the Manager if my check was there again and she told me it was and that she would mail it. I still haven't received it. So, I was literally making way below minimum wage.


Mario,

I read your story, I know why you quit.

But I asked you what what the determination denying benefits states as the reason you were denied unemployment.

I also asked you to tell me what you told the state your reason for quitting was.

I'd like to help you, but if you cannot answer the questions I'm asking .. I can only speculate as to why you were denied benefits.

Again, I will tell you that it is you that quit .. and it is you that must prove you quit with good cause and that that good cause must conform to what the state thinks is good cause.

Right now, you are a prime example of someone who mentioned things that might have been looked at for proving good cause, but instead of listening and answering questions you keep talking and the more you talk, the more I'm not surprised you were denied because you are focusing on the wrong issue.

So, Mario, can you answer my two questions or not?

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