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?

Quote:

---

Quoting budwad

---

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?

---

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:

---

Quoting budwad

---

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.

---

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.

Quote:

---

Quoting SB8686

---

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

---

A lawyer is really unnecessary for a UI appeal/hearing.

agree that a lawyer is way overboard -- have you called HR back and let them know what you got from unemployment since you know what they told you was in your records? Again, it might be easier if they can fix it now rather than going into a hearing with a lawyer. You are trying to fix a very small issue with a very large sledgehammer and at this point, nothing points to the fact that you need a sledgehammer!

If the company wins the first interview it is actually necessary. If the company wins that means i'll have an over payment and will have to pay back money. I was not fired. I was never given any warnings on my performance. It's principle.

If....and if..... why not try to solve it with HR PRIOR to the first interview? At this point, I would be absolutely shocked if the company won based on the information you have given (and I have fought a lot of UI claims from the employer side). They've already been forthcoming to you with what is in your file -- if they were trying to screw you out of benefits, they wouldn't have talked with you or given you that information upfront.

It can be your principle, your time, your concern, your assumptions, your stress, your worry, your legal bill. We can only suggest paths that might help lower some of the costs to you.

Quote:

---

Quoting SB8686

---

I worked from home for a short contract that lasted 12/2017-05/2017 doing quality assurance work as a nurse.

---

Are you sure it's even THIS employer? Was there a staffing or temp agency involved? Were you 1099 on this job, and it's your employer prior to 12/2016 that is saying "company violation"?

Quote:

---

Quoting hr for me

---

If....and if..... why not try to solve it with HR PRIOR to the first interview? At this point, I would be absolutely shocked if the company won based on the information you have given (and I have fought a lot of UI claims from the employer side). They've already been forthcoming to you with what is in your file -- if they were trying to screw you out of benefits, they wouldn't have talked with you or given you that information upfront.

It can be your principle, your time, your concern, your assumptions, your stress, your worry, your legal bill. We can only suggest paths that might help lower some of the costs to you.

---

Thanks for your reply. Reading some of the comments on other posts I guess made me paranoid. I feel as if I say something it will be forwarded to the higher ups in HR and they will correct the "mistakes" By changing cause of separation etc. The hearing isn't for a month so they have plenty of time to switch up their story tell me one thing and unemployment another. I just feel as though I would be waking up a sleeping bear. Again- a tad paranoid.

It's only this employer. Prior to this employer I have not worked since 2013 when I started school. This is regular income normal W-2.

You are looking at this from the wrong point of view. Once things have begun in unemployment insurance, you cannot solve anything by trying to go back to your employer, push forward and argue and "wake the sleeping bear" as you put it. You must work within the agency's clearly delineated processes.

For some reason or another, your employer put out the wrong information regarding your reason for separation. This was unfortunate in that it has delayed your getting your unemployment insurance paid, but if it is as you say, and your contract ended, and that was all there was to it, with NO prior warnings, you were not told on the date that you were officially let go that you were being let go for cause, etc., then what you have to do right now is be sure to make all the appropriate weekly certifications saying that you are looking for work as appropriate. Do one of these after each week that you are out of work passes. Participate in all required job searching activities.

Report to the time and place of your hearing, which is in a couple of weeks, right? Tell them exactly what happened when you were terminated. That you were an employee with a finite date at which your job would end, that your job ended, and that you have documentation from your employer saying this. You need to also mention that you spoke with your payroll person on xxxx date and you were told again that your reason for separation was that your job was over. You had received NO warnings, no write ups, had had no prior indication that your employer was in any way dissatisfied with your job performance or was letting you go for cause.

Your employer may or may not choose to be represented at the hearing. Neverless, whether they show up or not, you simply tell your story. Then if they are there, they'll tell their story whatever it is, of the reason you were discharged. If they don't show up, you do the same thing as if they are there. You tell your story. In unemployment issues, the claimant and the employer are to be equally believed. The employers don't get extra clout, don't get to say who gets unemployment insurance, unless their story of having discharged you for cause is much more believable than your story that you were given no indication you were being discharged at all, your job simply ended. They go with the one of the two parties that is "most believable."

YOU DO NOT NEED AN ATTORNEY. Most attorneys know about as little about unemployment insurance as the average layman. This is an agency hearing, NOT a court hearing. The unemployment hearings are set up so that most people are capable of self representation. You are not expected to do anything but answer questions and tell what happened simply and honestly. It sounds like something is going here that will be resolved in this first hearing, and then a decision will be made. It is likely you will be found to be eligible and you will be back paid for any weeks you have certified for, and will be continued forward on your claim for however much unemployment you are entitled to.

There's no special gimmick or clever dodge or lie that employers can use to avoid paying their unemployment claims, it is not as easy as just submitting false information to the unemployment system about the reason for separation. It is understood and assumed by the unemployment system that they (the employers) are not excited about paying in unemployment taxes. That's why the agency listens to both sides of this story with a lack of prejudice toward either party. They assume either or both of you could be lying, as it would be in your interest to tell the story one way and in theirs to tell it another way. Be the more believable.

Quote:

---

Quoting comment/ator

---

You are looking at this from the wrong point of view. Once things have begun in unemployment insurance, you cannot solve anything by trying to go back to your employer, push forward and argue and "wake the sleeping bear" as you put it. You must work within the agency's clearly delineated processes.

For some reason or another, your employer put out the wrong information regarding your reason for separation. This was unfortunate in that it has delayed your getting your unemployment insurance paid, but if it is as you say, and your contract ended, and that was all there was to it, with NO prior warnings, you were not told on the date that you were officially let go that you were being let go for cause, etc., then what you have to do right now is be sure to make all the appropriate weekly certifications saying that you are looking for work as appropriate. Do one of these after each week that you are out of work passes. Participate in all required job searching activities.

Report to the time and place of your hearing, which is in a couple of weeks, right? Tell them exactly what happened when you were terminated. That you were an employee with a finite date at which your job would end, that your job ended, and that you have documentation from your employer saying this. You need to also mention that you spoke with your payroll person on xxxx date and you were told again that your reason for separation was that your job was over. You had received NO warnings, no write ups, had had no prior indication that your employer was in any way dissatisfied with your job performance or was letting you go for cause.

Your employer may or may not choose to be represented at the hearing. Neverless, whether they show up or not, you simply tell your story. Then if they are there, they'll tell their story whatever it is, of the reason you were discharged. If they don't show up, you do the same thing as if they are there. You tell your story. In unemployment issues, the claimant and the employer are to be equally believed. The employers don't get extra clout, don't get to say who gets unemployment insurance, unless their story of having discharged you for cause is much more believable than your story that you were given no indication you were being discharged at all, your job simply ended. They go with the one of the two parties that is "most believable."

YOU DO NOT NEED AN ATTORNEY. Most attorneys know about as little about unemployment insurance as the average layman. This is an agency hearing, NOT a court hearing. The unemployment hearings are set up so that most people are capable of self representation. You are not expected to do anything but answer questions and tell what happened simply and honestly. It sounds like something is going here that will be resolved in this first hearing, and then a decision will be made. It is likely you will be found to be eligible and you will be back paid for any weeks you have certified for, and will be continued forward on your claim for however much unemployment you are entitled to.

There's no special gimmick or clever dodge or lie that employers can use to avoid paying their unemployment claims, it is not as easy as just submitting false information to the unemployment system about the reason for separation. It is understood and assumed by the unemployment system that they (the employers) are not excited about paying in unemployment taxes. That's why the agency listens to both sides of this story with a lack of prejudice toward either party. They assume either or both of you could be lying, as it would be in your interest to tell the story one way and in theirs to tell it another way. Be the more believable.

---

Thank you. I have printed all the evidence I have and will be faxing it to the the numbers provided it to me on the claims interview notice I recieved. Lets hope it gets to the right place and this is all settled on 7/5 Thanks for everyones input!!!

A friend of mine who worked for the same company also claimed unemployment benefits. She also found that the company listed her termination as company violation. She had her hearing the company did not show for the "rebuttal" hearing and she was found eligible for benefits and received her back pay. Hopefully I am as lucky on 7/5

Quote:

---

Quoting SB8686

---

She had her hearing

the "rebuttal" hearing

---

You need to be careful when you start throwing the word "hearing" around. There is a phone interview. NJ does them around the 6 week mark because NJ has something called "simple" misconduct that is doled out like candy that results in an 8-wk disqualification. For that reason, they wait until the just before the disqualification is up so that if there is "simple" misconduct, then you start collecting anyway because the 8 weeks is up.

Now, with a "hearing" that means that you had a disqualification because of a phone interview and either you or the employer chose to appeal it.

When you start telling people you had a "hearing," you might get wrong answers because AFTER a hearing, the rules are all different.

I'm sorry.

It's an interview.

I had my phone interview on 07/05/2017

The same day of the phone interview I got an email confirmation that all of the weeks I had claimed (back pay) were sent to the bank for deposit. So I assume that unemployment sided with me.

The interviewer tried calling the company and no one picked up.

Quote:

---

Quoting SB8686

---

I had my phone interview on 07/05/2017

The same day of the phone interview I got an email confirmation that all of the weeks I had claimed (back pay) were sent to the bank for deposit. So I assume that unemployment sided with me.

The interviewer tried calling the company and no one picked up.

---

UI sided with you because no one picked up. So you're OK. But just in case the sleeping bear wakes up at some point in the future, keep all that documentation you have.

Employer appealed. Got a letter from unemployment that they were going to make a determination based off of employers reason and contact me if another interview is needed. This is mind boggling to me since I have documentation that I wasn't fired.. the contract ended.. theres no violations actions on my file. Do companies hire people specifically for this? Since this is a largely remote/ field based employer Im assuming a lot of employees file unemployment once work ends. UHG

I am interested to see what that employer came back with! At least in my state, which is not yours, both sides would get copies of all documents presented, so hopefully you will see what the employer gives as proof.

It is also not a bad idea to request a copy of the entire file prior to the appeal. Some states don't automatically send everything out.

Ridiculous. Once I hear from UI or have another phone interview I'll post update.

On Friday of last week I called and e-mailed HR explaining the situation. By Mid Monday ( yesterday ) I hadn't heard any thing back so I reached out again and left another message. In the later part of the afternoon I received a call from the company's headquarters that is based in California. The woman I spoke to was one of the very higher ups in Human resources. She explained to me that the company uses another company to handle unemployment claims because they do not have the man power. She looked into my file with one of the directors of this outsources company and they infect made an error. The faxed a letter to the UI stating they made an error and I am ENTITLED to the benefits and supposedly are making a phone call to UI today as well. I recieved a copy of the fax they sent for proof on my end.

Surprisingly the HR woman was very helpful and understanding. She gave me her direct line should any other issues occur and stated that I was re-eligible for re-hire.

Thanks for all of the advice everyone has given!

I'm happy that it worked out for you.