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unemployment after disability in NJ New Jersey

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  • unemployment after disability in NJ New Jersey

    My doctor put me out of work to recover from a herniated disc. I gave my employer notice , I was put on NJ State Disability. I asked my employer about FMLA. I missed it by 1 month. I was working there for 11 months. My employer then sent me a letter stating that I am ineligible for FMLA and that I am terminated as of that day, which was 10 days after I told them about my disability. Can I collect unemployment in NJ.

  • #2
    Not until you are medically cleared to return to work by your doctor. You should be eligible at that time, assuming you otherwise qualify.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Yes , i received a letter to return to work from my doctor. I applied for unemployment and received a letter from the labor dept. saying that I needed to have a phone interview. The letter said that I may be ineligible for benefits because I may have voluntarily left my job without good cause attributable to my work. I had the interview and the examiner said that the burden of proof was on me. I faxed her my disability letter from the state showing that I no longer have a claim with them, the return to work letter from my doctor and the termination letter sent to me by my employer. I am waiting for an answer . Its been over a week..

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      • #4
        In my state, a perfectly clean claim in which there is no possible question of the employee qualifying and which is not being contested by the employer, will take a minimum of three weeks to finish processing.

        I don't imagine there are very many states that are much different, given the number of unemployment claims being filed at the moment.

        Be patient. A week is nothing these days. I know it's nervewracking and that you want to know how to plan your money, but it takes as long as it takes and fretting about it will not make it happen any faster.

        Relax.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          thank you I appreciate your help.

          Comment


          • #6
            NJ unemployment

            Not sure if you can see my replies so I started a new thread.
            Dept of labor sent me my determination letter today from unemployment denying me of my benefits. They say that I voluntarily left my job and that there was not enough medical documentation to say that the work aggravated or caused my condition. On the phone interview, She only asked for the State disability determination letter that I sent her, the doctor letter stating my return to work date, and the termination letter from my employer. I dont understand why she didnt ask for all my doctor notes , which describes how I was unable to lift, bend etc. which would make it impossible to do my job? I guess I should have sent them anyway. She made it sound like the papers she asked for was all she would accept. I am going to appeal, but its so frustrating because the dept of labor is not very thorough at all. It seems like she knew all along she was going to deny, Never asked for documentation explaining my disability and what my limitations were. If she had, I would have sent them, How can she say that there was no , or insufficient medical documentation when she didnt ask for it, very tricky, So unfair.

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            • #7
              domgirl, I'm going to move this post to your original thread. All info can be seen.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                Appeal

                APPEAL APPEAL APPEAL. NJ is for some reason denying so many claims they should not lately. They are denied originally and then at The Appeal Tribunal only to be reversed at the board of review. THIS HAS TAKEN ME 9 MONTHS AND I JUST GOT IT REVERSED. But appeal, and do it now or you will run out of time.

                To see examples google "Board of review NJ unemployment" and review minutes, you will see quite a few are reversed.
                Last edited by liltamnj71; 02-17-2010, 09:02 AM. Reason: forgot infor

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                • #9
                  So you were denied at the Appeal and then took it to Board of Review? Am I understanding this correctly?

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                  • #10
                    Appeal

                    yes, that is what happened. But, be prepared for a denial from the Tribunal. They didn't really even listen to me.

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                    • #11
                      Did you represent yourself or did you have a lawyer? Thanks for the info. I appreciate your help.

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                      • #12
                        Appeal

                        I represented myself. I wouldn't bother with an attorney for this, you'll need your money!! Just plan for it to take awhile.

                        Comment

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