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  1. #1
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    Oct 2008
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    Default What's "Good Cause" for Denial of Unemployment

    My question involves unemployment benefits for the state of: New Jersey. I was employed in a hostile environment after making complaints of misconduct to human resources. After complaining, I was harassed and retaliated against. This included assault, threats of illegal conduct, transferred, isolated from co-workers and co-workers were asked to spy on me. I filed a CEPA claim. One supervisor sent everyone an invitation to a work function on work e-mail (about 90 co-workers) and left just my name out. Some supervisors told me I was being singled out for termination. I was then alleged to have violated dozens of frivolous non-written rules. These compalints were filed and investigated by defendants. Human resources did nothing even though some threats were recorded on phone. At one point, I was charged for sending a complaint directly to human resources. (Because the previous confidential complaint was routed through the supervisor but he gave it to the accused who then called me in to a meeting and threatened me for making a complaint about him - all recorded.) I went to three doctors who believed that the extreme level and consistent levels off hostility were dangerous and would not allow me to return there. Since I could not return to work, I was terminated or let go depending on who you ask. The employer had made it clear they wanted to fire me. Prior to complaints, I had never been disciplined and even described by my employer as a good employee. No money handling problems or customer complaints. Last year, my evaluation became horrendous. My unemployment app. was denied after I was terminated. Unemployment says I voluntarily left my job without good cause. Truth is, I could not go back to the job. I feared for my safety. Not only were the allegations and resulting charges costing me money to defend against, totally distracting me, the environment was so hostile I could not perform my work assignments as the head hunting occurred literally everyday. I ask, "What is good cause?" Is this UI denial worth appealing? Time is essential.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: What's "Good Cause" for Denial of Unemployment

    Good cause for voluntarily leaving work includes leaving work for reasons that would compel a reasonable and prudent person of normal sensitivity, exercising ordinary common sense, to leave work; the reasons must be of such gravity that the individual has no reasonable alternative but to leave work . . . .

    You might as well go ahead & appeal - it can't hurt anything. (just tell the truth as you know it)

  3. #3
    Join Date
    Oct 2008
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    15

    Default Re: What's "Good Cause" for Denial of Unemployment

    Any more opinions out there about "good cause?"

  4. #4
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    Aug 2007
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    Default Re: What's "Good Cause" for Denial of Unemployment

    Quote Quoting Papermate922
    View Post
    Any more opinions out there about "good cause?"

    Betty provides a general observation of such, which is a good general definition of a "constructive discharge", meaning a force out, basically.


    IF you are handling the appeal yourself, and not through an attorney, ask for info on the process. You may have to file what is generally called an Administrative appeal with the Superior court, or whatever they are called in NY.

    Go to a law library of a law school of a nearby college/university. Find the unemployment statutes. Find a relevant law, such as denial of benefits, and or a statutory defintion of "just cause" in NY state.

    There should be "case law" annotations after each section, which may contain a syllabus/synopsis of the opinion. If this is not definitive enough, ask the librarian where you can find the whole citation, if applicable.

    I saw law library because a main branch public library will have the NY statutes and annotations after them, but NOT case law digests, probably not.

    you say:


    "I went to three doctors who believed that the extreme level and consistent levels off hostility were dangerous and would not allow me to return there"

    With this as support, I find it hard to believe your benefits were denied.

    Appeal, even if it means a Court one.

    Having been involved in this area of law years ago, I have read some case law on it, not for NY though.

    Since you were not fired, but quit, albiet forced out, the definition of "just cause" may be statutorily different from being fired WITH or WITHOUT just cause to determine eligibility of benefits.

  5. #5
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    Oct 2008
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    15

    Default Re: What's "Good Cause" for Denial of Unemployment

    Thanks for that reply. I never went into any details with unemployment. The UI employee kept me to "Yes" and "No" answers. The few times I tried to explain details, she would talk over me. The phone conversation was brief. I simply named, "stress" as the reason for not going back to work. Now, I realize the details were necessary but, she didn't want to hear them.

  6. #6
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    Aug 2007
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    3,835

    Default Re: What's "Good Cause" for Denial of Unemployment

    Quote Quoting Papermate922
    View Post
    Thanks for that reply. I never went into any details with unemployment. The UI employee kept me to "Yes" and "No" answers. The few times I tried to explain details, she would talk over me. The phone conversation was brief. I simply named, "stress" as the reason for not going back to work. Now, I realize the details were necessary but, she didn't want to hear them.

    I never heard of phone applications? A written statement/affidavit of the facts is always necessary. I don't know IF this procedure was proper by that employee??

    Appeal this!!

    Good luck!!

  7. #7
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    Oct 2008
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    15

    Default Re: What's "Good Cause" for Denial of Unemployment

    First, I applied on-line. Because of one answer, (I had applied for a disability pension) I was advised in writing that a telephone conference had to be held to discuss the "pension" issue. I waited a month for that phone interview. I kept updating UI on a weekly basis to qualify for benefits. I even advised that I made $100 over two days working as a Temp. (My benefits were max. amount.)
    During the phone interview, it was determined I should not have indicated I applied for a pension. (The sole reason for my denial as far as all UI paperwork indicated.) I thought that was the end of the discussion however, the interviewer was suddenly concerned about how and why I was no longer employed. She also stated I was considered to be "working" despite the fact I only earned $100 in one month! (My annual job salary was almost 100K)
    The topic of how/why I was not employed at my job was never indicated as problematic in ANY of the correspondances from UI. The UI employee wanted no details from me despite my attempts to offer them. Because of her demeanor, I believed she steered the conversation for purposes of disqualifying me more than anything else.
    Is this normal? Also, should an appeal letter be brief or contain all the reasons believe it should be overturned or should I save all that documentation for the appeal itself? Thanks!

  8. #8
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    Aug 2007
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    Default Re: What's "Good Cause" for Denial of Unemployment

    Quote Quoting Papermate922
    View Post
    The UI employee wanted no details from me despite my attempts to offer them. Because of her demeanor, I believed she steered the conversation for purposes of disqualifying me more than anything else.

    Is this normal? Also, should an appeal letter be brief or contain all the reasons believe it should be overturned or should I save all that documentation for the appeal itself? Thanks!
    This is the problems with phone interviews, there is no space to write any comment in or explain uninterupted.

    Some only want to get it over with as they have others to handle, they care not if they fully get the facts, as it is not them under hardship.

    Appeal this.

    Best wishes!!

  9. #9
    Join Date
    Oct 2008
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    15

    Default Re: What's "Good Cause" for Denial of Unemployment

    I observed that over 130 people have viewed this topic! I expect more people are interested in the definition of "Good Cause." Are there any visitors that have been told by the UI division what "Good Cause" is? Is it written anywhere in their publications or employee manuals? Please reply. Share the wealth! (of knowledge)

  10. #10
    Join Date
    Oct 2008
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    15

    Default Re: What's "Good Cause" for Denial of Unemployment

    Here is an update...I recently appealed UI and requested an "in-person" hearing. I filed a worker's comp. claim and collected temporary disability (after I used all my paid leave time) during the 12 weeks of approved FMLA. On the first day after my 12 weeks of FMLA ended, my employer sent me a termination letter. When disability ended, I filed for unemployment and was denied twice during poorly conducted telephone hearing/interviews. I then filed for an tribunal appeal hearing.

    I was notified of the UI hearing and immediately faxed the hearing officer important documents. During the one hour UI hearing, the employer alleged new issues in addition to alleging I abandoned my job. The UI hearing officer, obviously experienced, saw through the employer's lies. Those underhanded employer tactics went in my favor.

    Because I sent the lawsuit, doctor's notes, disability docs, attorney letters, and memos and notes outlining the retaliatory work environment - I won my appeal! They felt I had "good cause" to leave. With all employee/employer contact and since my employer sent me a letter saying they weren't holding my position on the FIRST day after FMLA ended, my employer was determined to have "terminated" me. (Just as I claimed in the two previous UI telephone hearings.) It all worked out in the end.

    The employer violated NJAC 12:17-9.11(b) by terminating me on day one rather than wait five days (for unemployment benefit purposes) - they even violated their own internal employee handbook in this regard. (Google NJ Appellate case Dyana M. Espina v Keybank National Association)

    See NJSA 43:21-5(a) / NJSA 43:21-5(b) / and NJ Legal Assistance "Your Right to Unemployment Benefits in New Jersey"

    It may take months but, you can get UI benefits if you are persistent, organized and understand what documents UI wants - that is a big challenge in itself. Get on the internet and search! Look at your UI file at the UI office and read UI law at the county library. Maybe even consult with an UI attorney if you have money Hope this helps.

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