PDA

View Full Version : NJ Unemployment denied for Move New Jersey


Deborah F
07-23-2006, 09:23 AM
My husband's company was being sold and he found a new job in GA. We moved and I was denied unemployment from NJ because the move was "Voluntary". This does not seem fair. Is NJ anti family? I filed the appropriate appeals and they were denied as well. Is there any hope.
I am currently attending school to be certified to work in my profession in GA.

Pattymd
07-23-2006, 12:30 PM
Whether it is fair or not is, unfortunately, not the issue. Very few states recognize the "trailing spouse" as a reason that does not disqualify the individual for benefits. NJ is in the majority here.

rjc
07-24-2006, 06:47 AM
And the law states that you must have voluntarily quit with good cause attributable to your employer. You cannot argue you quit based on anything to do with your employer, who by the way, funds 100% of unemployment benefits in NJ.

Pattymd
07-24-2006, 06:53 AM
rjc, doesn't the employee contribute a percentage also?

rjc
07-24-2006, 07:39 AM
I do not believe any of an employee's tax dollars go to the UI trust fund nor do they in other states, except for 1 or 2, which now escape me. One of those states may be CA, but that may also involve the paid family leave??? In the other state, the tax monies, which are miniscule, go to the administrative costs of that particular state agency.

Employers, except those certain few who are permitted to and choose to be reimbursable, pay at a certain rate (determined by one's experience the prior year) on the first X amount of wages per employee as determined by the state. Those tax dollars go mostly into their individual state account and are then used if/when the employer is determined liable for unemployment. benefits.

Pattymd
07-24-2006, 08:22 AM
Nope, California is the state disability plan, not UI. The states I recall that require an employee contribution to UI taxes are New Jersey, Pennsylvania currently, and I know Alabama and Alaska once also had an employee portion. It's minimal, but allowable under those state laws nonetheless.

dottylou
10-03-2006, 07:14 PM
My husband's company was being sold and he found a new job in GA. We moved and I was denied unemployment from NJ because the move was "Voluntary". This does not seem fair. Is NJ anti family? I filed the appropriate appeals and they were denied as well. Is there any hope.
I am currently attending school to be certified to work in my profession in GA.

We are in a similiar situation and my husband was denied NJ UI. Part of his disqualification notice stated "that in order to remove the disqualification for voluntary leaving, he must return to work for at least 4 weeks, earn at least 6 times his weekly benefit rate, and then become unemployed through no fault of his own.". Can anyone tell me if that means he needs to work 4 weeks in New Jersey - or in any state? Thanks.

robb71
10-03-2006, 07:27 PM
Nope, California is the state disability plan, not UI. The states I recall that require an employee contribution to UI taxes are New Jersey, Pennsylvania currently, and I know Alabama and Alaska once also had an employee portion. It's minimal, but allowable under those state laws nonetheless.

New Jersey requires employees to contribute to both SDI and SUI. I believe they are considering employee contributions to other state programs (WF and HC) but the currently deferral is 0%.

Pattymd
10-04-2006, 04:27 AM
And, dottylou, I answered this question in the other thread that you started. There was no need to post it twice. ;)

njguy88
10-04-2006, 06:39 PM
I was employed by a big firm in NJ for a couple of years. More recently, my performance became poor and my mind was no longer at work. It is a hardship for me to be at work. As a result, instead of being fired for bad work performance, I decided to leave my job to care for my ill parents who lives in another state. I've been actively looking for a new job there but have been unsuccessful. As a result, that is why I'm asking for unemployment.

I understand every situation is unique, but would like to know if anyone out there has had a success story in which they were approved for unemployment because they left their job to care for their ill parents.

Is NJ really anti-family??

Anyone with any info would greatly be appreciated. Thanks.

Pattymd
10-05-2006, 03:22 AM
It CAN be, but it is by no means certain. If I were to look at this from the employer's side, I would protest your claim because 1) you resigned and 2) you resigned because you knew your performance was not acceptable; the need or desire to care for your elderly parents was not the SOLE reason.

I'm not unsympathetic, because I've been in a similar situation. I'm just saying that there are two sides to every story.

However, rjc is the expert on this issue, especially in New Jersey. rjc? :confused:

rjc
10-05-2006, 05:16 AM
However, even if the need to care for your ill parents was the sole reason, I still do not think you would be determined eligible for unemployment because you resigned for personal reasons as opposed to any "good cause attributable to the employer."

While anyone will sympathize with you, the law is very clear ... NJDOL must abide by the law in determining who is/is not eligible to collect. And, if I were representing the employer, although I would have sympathy, I would argue that my client should not be liable for unemployment benefits where he/she quit for personal and not work-related reasons.

As has been correctly stated on this board voluminous times, it still never hurts to file regardless of our opinions ... worst case scenario is NJDOL fins you ineligible.

* Find more information on Worker's Compensation.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements