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  • NJ Question New Jersey

    My wife was let go from her company. There is a debate as far as her being terminated/and her resigning.

    She was told by the company she would have 'no problem' collecting. Ofcourse she was turned down. We met with a lawyer who reviewed and told us to appeal - where we would have a high chance of getting it overturned.

    We received a letter on 12/2 about recognition of the appeal.

    Here are my questions:

    1. I have read it takes about 8-10 weeks for the appeal - is this true - does anyone have any information on this?

    2. If we LOSE this appeal - how do we apply for what is being referred to as the '6 week penalty' - and would it take 6 weeks after application to get paid? Can the 6 week penalty be applied for while waiting on this appeal?

    THANKS!

  • #2
    What was the reason given for the denial?
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    • #3
      "ineligible due to leaving job without good cause attributable to the work."

      My wife was on PTO (signed and dated forms) and left work with forms to apply for NJ Temporary Family Leave. While on PTO they terminated her but had strange language in the termination letter.

      THANKS for any help! Much appreciated.

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      • #4
        With the number of claims and appeals, unfortunately 8-10 weeks to a hearing seems a little long to me, but not impossible.

        FLI does not provide job protection. Was she on FMLA or NJFML and taking the time as paid concurrently with that? What was the situation; you're being pretty short on details.
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        • #5
          Patty - that is more of a detail that led to her dismissal - she was told to apply for that and while filling out the paperwork she was let go.

          As far as the 6 week penalty - she has been out of work since early October. If she applied for that - would it ruin her appeal?

          I am just trying to understand our beset options to get money coming in. I would be willing to give up the first six weeks of collecting. My concern is we wait for the appeal - and lose that one. From what I read we could have been collecting 6 weeks after she stopped working.

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          • #6
            In the process of filing for FMLA leave? Or in the process of filing for Family Leave Insurance?
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            • #7
              NJ Paid Family Leave.

              She was given paperwork on a Tuesday. Given wed-thursday off as PTO and rec'd a letter that Monday that they were accepting her resignation.

              She never resigned.

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              • #8
                Was she not eligible for FMLA or NJFLA?
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                • #9
                  I think the 6-week penalty only applies to people fired for misconduct. If the UI hearing officer finds that someone was fired for something really bad, like theft, etc, then the person can still get unemployment, minus 6 weeks. The 6 weeks is the "penalty" for being fired for misconduct, as opposed to just poor performance, or a lay-off. I could be wrong, but I've never heard of the 6 week penalty applying to someone who quit a job. Maybe someone else can jump in wth more info on that.

                  It sounds like your case involves quitting vs. being fired, and your wife is trying to prove she was fired, but the employer is saying she quit. If that's the case, that should be pretty easy to prove, since she has all the paperwork from applying for family leave. They won't be able to produce a resignation letter, so they might have a hard time showing that she resigned.

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                  • #10
                    I'm still not clear whether she was applying for family leave or Family Insurance; two different things.
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                    • #11
                      Originally posted by Pattymd View Post
                      I'm still not clear whether she was applying for family leave or Family Insurance; two different things.

                      NJ Paid Family Leave.

                      She was given paperwork on a Tuesday. Given wed-thursday off as PTO and rec'd a letter that Monday that they were accepting her resignation.

                      She never resigned.

                      He states she was given paper work to fill out so that she could utilize the FMLA and that was on a Tuesday. She was given Wed- thru Thursday off and to be used from her PTO base. ( assuming this was used until the paper work was turned in for the FMLA and then on that MONDAY she received a letter that they were accepting her resignation, but he states she was not resigning, she was in the midst of filling out paper work for FMLA.


                      Wish he'd come back and give a bit more detail, as it looks they just terminated her in the midst of filling out forms for FMLA, not a good thing, not for the employee obviously, but also not for the employer in the long run anyway!

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                      • #12
                        I saw
                        NJ Temporary Family Leave
                        . I wanted to be clear, and hopefully the OP will come back and clarify.
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                        • #13
                          Originally posted by LETC View Post
                          He states she was given paper work to fill out so that she could utilize the FMLA and that was on a Tuesday.

                          Wish he'd come back and give a bit more detail, as it looks they just terminated her in the midst of filling out forms for FMLA, not a good thing, not for the employee obviously, but also not for the employer in the long run anyway!
                          Actually just to be clear he never said FMLA at all.. he mentions NJ Temporay Family Leave.

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                          • #14
                            Originally posted by Rangeman View Post
                            Actually just to be clear he never said FMLA at all.. he mentions NJ Temporay Family Leave.
                            My point exactly.
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                            • #15
                              Originally posted by Rangeman View Post
                              Actually just to be clear he never said FMLA at all.. he mentions NJ Temporay Family Leave.
                              To be specific he said this :


                              NJ Paid Family Leave.

                              She was given paperwork on a Tuesday. Given wed-thursday off as PTO and rec'd a letter that Monday that they were accepting her resignation.

                              She never resigned.


                              NEW JERSEY - PAID FAMILY LEAVE


                              I interpret this to be FAMILY leave due to either a medical/or other approved leave, with the difference being some are paid leaves , some are not; this instance it was PAID LEAVE

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