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Unemployment fact-finding interview question. New Jersey

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  • Unemployment fact-finding interview question. New Jersey

    i have been on unemployment for almost 2 months now. last week i received a letter about a claims examiner appointment. it says "reason: you may have been or may be unable to work."

    the work environment i was in was very loud, and i damaged my ears severely. i now have tinnitus in both ears 24/7, and i can no longer work in a loud environment. after i informed my employer about the tinnitus, i was temporarily given a different position that did not involve a loud environment but that never turned into permanent work.

    is my employer messing with my ui claim, by claiming that i am completely unable to work? why would this happen 2 months into my unemployment? what should i do? this just seems so wrong.
    Last edited by iggle; 08-02-2011, 03:53 AM.

  • #2
    My guess is your former employer appealed your unemployment. So you need to attend the appointment and states the facts of your case. Don't go into excessive detail and don't be hostile to your former employer.

    If you have any documentation from your doctor about your hearing bring 3 copies of it (one for you, one for the state and one for the former employer).

    After that it is up to the examiner if you should continue to receive benefits.

    Comment


    • #3
      The issue the State will determine is whether you are reasonably available for work due to your tinnitus, which prohibits you from working in a loud environment. You should bring specifics from your doctor to the meeting as to what db level constitutes a "loud" environment for you. If it's a reasonable limit, then I doubt it's going to bar you from receiving benefits.

      Comment


      • #4
        thanks for the replies. i am not sure where i would be taking these documents to, because this is a phone interview. sorry if i was not clear in my original post.

        Comment


        • #5
          Then have the db limit information from your doctor at hand so you can give the UC person that information during your discussion over the phone. That is the pertinent info for your unemployment claim.

          We thought your fact finding interview was going to be in-person.

          Comment


          • #6
            ok thanks beth. i appreciate the responses.

            i've never had a doctor tell me a specific decibel level was ok or not for work. doctors told me to always wear hearing protection around loud noise. i tried wearing hearing protection at work, and my tinnitus still got worse. me, and my boss both concluded that i could no longer work around the loud machines there, and i was placed in a completely different position, around no loud noise at all. that was only to fill in for somebody on vacation. once that person came back, i had no job. boss said he might have full time work for me soon, but it's been months and still no new job offer.

            Comment


            • #7
              quick update:

              i had the interview today. it was somewhat frustrating, because i was often interrupted, but i think i gave my side of the story the best i could.

              the main thing she seemed to focus on was, what was the official separation. i said i was injured, i told her i might be given a different position that could work around the injury, and i never was given a new position. she asked if i was told if i was laid off, and i said i was never told that.

              she called my employer to ask him what the official separation was(fired, laid off, quit). he did not pick up, and has 48 hours to respond.

              so what i gathered from all of this, is if my employer says i quit, then i will lose my unemployment, and have to appeal the decision. right?
              Last edited by iggle; 08-09-2011, 06:57 AM.

              Comment


              • #8
                so what i gathered from all of this, is if my employer says i quit, then i will lose my unemployment, Not exactly. The State doesn't automatically go with whatever an employer says.

                If the State denies benefits, you will receive an Initial Determination stating so which will also include information on how to file for a UC hearing. Be sure you do it timely; there's a short window to file an appeal. If you are granted benefits, your employer has the right to appeal the decision and file for a hearing as well.

                Comment


                • #9
                  As Beth said, it's the state's decision whether you get UI benefits or not &
                  not the employer's decision.
                  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.

                  Comment


                  • #10
                    If you have had permanent damage from that job, you should file a worker's comp claim. Your employer should have opened up a claim for you, since they were aware of the problem.
                    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

                    Comment


                    • #11
                      beth - if i am granted benefits and my employer appeals, will i then have payments on hold again?

                      betty - if needed, what is the best way to write an appeal? would i basically just be writing a letter explaining what is going on from my point of view? do i need a lawyer?

                      alice - i currently have a workers compensation case pending. my employer was unwilling to open a claim for me though. i had an attorney file for me.

                      Comment


                      • #12
                        ok i just wanted to update everybody. i never received a letter, and my unemployment money has been deposited in my account.

                        so i guess i won? thank you everybody for your help!

                        Comment


                        • #13
                          update: letter finally came. says i am entitled to benefits. now to wait and see if they appeal the decision.

                          Comment


                          • #14
                            Good luck to you.
                            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.

                            Comment

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