My question involves labor and employment law for the state of: NJ
I am self-employed and was working as an IC under contract for a company. Furloughed 4/1/20. Filed for UI and was approved with a date of claim 4/5/20.
According to the NJ unemployment website, it says that you will receive the greater amount of $231 (the minimum benefit) or 60% of your weekly pay whichever is greater up to the maximum of $713.. But since there are no wage records from the company for an IC, your income will be verified from tax records for at least 2 years (2018 and 2019) . I assume that NJ DOL has access to my NJ tax returns.
This is what is posted on NJ Unemployment website for self-employed persons:
How much is PUA?
PUA potentially provides the same amount as regular unemployment (60% of your average weekly salary, up to a
maximum of $713 per week) for up to a total of 39 weeks. The PUA amount for the self-employed is calculated using prior year(s) tax returns if wages are not reported through wage records. The PUA minimum, for businesses operating at a loss or with insufficient income to qualify for benefits, is $231 per week. PUA benefits are considered taxable income. PUA recipients are also eligible for an extra $600 per week, also taxable. The $600 per week is retroactive to the week ending April 4, 2020, and ends the week of July 25, 2020.
They funded my account to pay only $231 per week in regular benefits. If I take my 1099's from either 2018 or 2019 from the company and divide by 52 weeks (or whatever base period you want to use) my weekly pay at 60% far exceeds the $713 maximum. That is obviously a big difference in benefits.
I have tried to call for information, I have emailed them and just get back a email@example.com form response that provides no information on the inquiry, and I have sent a letter to the offices in Trenton to which I have not gotten a response.
Does it matter that I did not work a full 40 hours per week to make what my weekly pay was? Should I just sit back and wait for UI to get to income verification or should I file an appeal? And if I file an appeal, would that effect my current benefits?