UI Denial After My Employer Lied About My Reason for Separation

My question involves labor and employment law for the state of: New Jersey

Hello,

I worked from home for a short contract that lasted 12/2017-05/2017 doing quality assurance work as a nurse. I earned enough to file a claim for unemployment benefits when the project was over. I applied for unemployment and everything was ok until this week when I went to claim my weekly benefits I got the message " Benefits unplayable at this time." I called my local unemployment and was told that the company contested the benefits and said that I was not laid off but I was fired for " Company violation."

News to me... I received nothing but glowing reviews and was never made aware of any violations or work performance issues. I worked till the very last day of the project and was thanked via e-mail from my manager for a great job done. I also received another e-mail from another manager Thanking me for my work, that it would not have been possible without my help and that I will be contacted from recruitment in the fall for when the next project starts.

I decided to e-mail my boss yesterday I asked her " Was my separation reason because a contract ended or because of any performance issues?" She replied with an empathetic " The reason was because the contract ended and there was no more work for you or the other auditors it was NOT related to any performance issues"

Is this proof from e-mails sufficient? Not only am i concerned that I will be denied UA benefits but my interview for benefits isn't until 7/5 which gives the company a whole month to doctor a bunch of documents. I also want to return to this company next season because it's lucrative.

Why would they lie like this? Is there anything I can to do make sure I'm not denied benefits and remain re-hire eligible? This is so frustrating because it's just principle - Don't make up big fat lies to avoid a UA tax.

The hearing (or interview) about your benefits is not the same as a trial. Your emails will be admitted as evidence of what your boss said to you. Someone in HR or accounting thinks they can save their share of your benefits by now saying that you were fired. I wouldn't worry about it. All you can do is make your case. You can't stop your former employer form doing what they are doing. And if you win, your benefits will be retroactive.

Is it a phone interview or in person?

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Quoting budwad

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The hearing (or interview) about your benefits is not the same as a trial. Your emails will be admitted as evidence of what your boss said to you. Someone in HR or accounting thinks they can save their share of your benefits by now saying that you were fired. I wouldn't worry about it. All you can do is make your case. You can't stop your former employer form doing what they are doing. And if you win, your benefits will be retroactive.

Is it a phone interview or in person?

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It's a phone interview. I looked at my employee profile and it says that I am still an active employee. I know I was not fired and I am more worried about them changing my hire eligibility to not rehirable then anything else. I am pretty confident I will win the UA case.

It is very possible that it is just a simple mistake -- chose the wrong box or was doing multiple responses and just got it wrong. Have you contacted HR directly and asked? Don't assume it is intentional -- it might be, but it might not be.

For the hearing, povide your evidence and they will be asked to provide theirs. Doesn't sound like they will be able to produce anything.

Thanks for the reply

Yes I considered it may have been a mistake. I have reached out to HR twice and left messages requesting them to return my call. Haven't heard anything back this company is notorious for inefficient communication.

If they rule against you in the interview, you can request a hearing where your employer and you can present your evidence. Don't hold your breath on this being a mistake. It isn't.

Quote:

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Quoting budwad

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If they rule against you in the interview, you can request a hearing where your employer and you can present your evidence. Don't hold your breath on this being a mistake. It isn't.

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I actually just spoke to an HR rep. I did not mention UE to her. I just asked for my official reason of separation, re hire eligibility and dates worked. She said the reason for termination was contract ending I am re eligible for re- hire and provided dates of work. Oddly enough my last day of employment is dated 6/13 in the official HR record but someone at the company said I was "fired 5/17 for company violation." She's sending me an e-mail with all of this as well... So we will see

hence the reason that I suspect someone hit the wrong button/bubbled the wrong option by mistake and put the wrong end date...it happens. There are good employers out there who aren't trying to screw every ex-employee out of UI. Who hire a new admin who has no training or clue and makes a mistake..... I probably would have told the HR person what UI was stating they said so that it could be cleared up quicker. But then again, I am not one that thinks HR is always out to get the (ex)employee

I'm chalking it up to a mistake because HR rep told me that hundreds of employees like myself a remote auditor were separated the same day because the project ended. I'm sure there are handful that were in fact fired that are trying to claim unemployment and even more in my position that are opening a new claim. They are either trying to cut costs and be vindictive or making mistakes... Either way I have the evidence that states I was not fired and have never had any disciplinary action taken against me. If they want to fight then I will get legal representation for the appeal. This is all ridiculous to me. Thanks for everyones help and input

I've found that lawyer don't help much in UI appeals.