My nephew is 24 years old and is just a good kid very respectful and a good worker. He worked for this company for just over 5 years now. He just got fired from his job the end of last month. His supervisor said he was being let go because he was rude to a customer, and the woman in HR said he was being fired for using his phone. But he was on the phone with another store for another customer. I'm concerned whether or not he'll get his unemployment benefits. We filed online and he received a benefits statement and a debit card he had to activate, but has not had his phone interview yet, and we are not sure if he'll get his (UIB). He is a "big" kid that is very shy and has a hard time talking to people, and has not had much success in landing another job yet. It's only been a couple of weeks, but I'm worried. Any help would be appreciated.
Unemployment Insurance Help Please ...
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There is a chance the company he worked for will dispute his benefits. If that's done he might just have to speak up at a hearing. At least that's how it once was, not sure about now.
I assume your concern is because he was fired and not layed off. Check the laws in your state, but in most states unless it's something like stealing, drugs, etc being fired because of job performance does not dis-qualify you from UIB.
Originally Posted By: azjake
I assume your concern is because he was fired and not layed off. Check the laws in your state, but in most states unless it's something like stealing, drugs, etc being fired because of job performance does not dis-qualify you from UIB.
THAT IS NOT MY UNDERSTANDING.
Unless he was 'laid off' for lack of work....the chances of him getting UIB is not very good. If he was fired for 'good cause'...I believe he is not eligible.
If they deny him....he can go through an appeal process.
Most states are being very stringent in giving UIB....because the high unemployment rate is cutting deeply into their budgets.
I assume your concern is because he was fired and not layed off. Check the laws in your state, but in most states unless it's something like stealing, drugs, etc being fired because of job performance does not dis-qualify you from UIB.
THAT IS NOT MY UNDERSTANDING.
Unless he was 'laid off' for lack of work....the chances of him getting UIB is not very good. If he was fired for 'good cause'...I believe he is not eligible.
If they deny him....he can go through an appeal process.
Most states are being very stringent in giving UIB....because the high unemployment rate is cutting deeply into their budgets.
They don't have to provide a reason for termination if it's an "at-will" state. You can be fired for any reason, or no reason.
Big 24 year old "kid" that is shy and has trouble talking to people...
Are you saying he is slow or has a disability ?
Why not just find another job and say the heck with fighting over an unemployment claim ?
If they fired him, he will have an up hill battle fighting for Unemployment.
Are you saying he is slow or has a disability ?
Why not just find another job and say the heck with fighting over an unemployment claim ?
If they fired him, he will have an up hill battle fighting for Unemployment.
A few years ago the company I worked for said they were letting me go because business was slow. When I applied for unemployment I told them that. But when the unemployment office contacted my employer they said I was fired for insubordination and I still got my unemployment benefits.
its in nj
You can fight it and it is worth a shot. If he has friends on the inside have the testify that the position has not been reopened. Actually the state sees the payroll and may know this already. And FWIW that's a shady thing for an employer to do.
From someone looking on from the outside and from the information you provided your nephew should receive his benefit. That being said I recommend that he talk to a NJ state employment office and see what education and training program he qualifies for. Often someone may be able to qualify for a federal/state grant that will pay for his job training or additional education, this can make him more marketable and may open additional doors and leads for him.
http://www.careeronestop.org/EducationTraining/EduTraining.aspx
Even if he can not get a grant he can find a apprenticeship program but he will have to work a phone and setup a interview but opportunity is available.
http://www.careeronestop.org/EducationTraining/EduTraining.aspx
Even if he can not get a grant he can find a apprenticeship program but he will have to work a phone and setup a interview but opportunity is available.
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Dave1251 has a very positive suggestion. Mine is more negative in nature.
You first say he "is just a good kid very respectful and a good worker", then later say he was fired "because he was rude to a customer, and the woman in HR said he was being fired for using his phone." We don't know which one is the truth.
New Jersey is an "at will" state.
You also imply something with your statement "He is a "big" kid that is very shy and has a hard time talking to people", but it is hard to pin point what you are trying to convey here.
Long story short, if he was subjected to wrongful termination i.e - discrimination, then you might have a basis to contest his firing and/or unemployment benefits. Google "New Jersey wrongful termination" and see what some of the sites say about this.
Or....maybe I am entirely off base here and you should follow dave1251's better, more positive recommendations (good stuff, dave).
Best wishes for a good outcome. It's sad what some employers do to good people.
You first say he "is just a good kid very respectful and a good worker", then later say he was fired "because he was rude to a customer, and the woman in HR said he was being fired for using his phone." We don't know which one is the truth.
New Jersey is an "at will" state.
You also imply something with your statement "He is a "big" kid that is very shy and has a hard time talking to people", but it is hard to pin point what you are trying to convey here.
Long story short, if he was subjected to wrongful termination i.e - discrimination, then you might have a basis to contest his firing and/or unemployment benefits. Google "New Jersey wrongful termination" and see what some of the sites say about this.
Or....maybe I am entirely off base here and you should follow dave1251's better, more positive recommendations (good stuff, dave).
Best wishes for a good outcome. It's sad what some employers do to good people.
I think there is more to this story. After 5 years he was fired for being rude or using his phone one time?
Five years is a pretty long period of employment for them to let him go over one minor incident. If he was in Michigan he probably would not have a problem collecting,but i am sure states vary.
Five years is a pretty long period of employment for them to let him go over one minor incident. If he was in Michigan he probably would not have a problem collecting,but i am sure states vary.
Originally Posted By: dparm
They don't have to provide a reason for termination if it's an "at-will" state. You can be fired for any reason, or no reason.
If you fire someone WITHOUT CAUSE that person qualifies for benefits. If he didn't get written notice of being denied, and instructions on how to appeal the "determination" he is ON. A phone call would resolve that question. Trying to do two things at once for your employer doesn't count as "cause". Firing without cause, (and they always try to make up something) is the same as a LAYOFF, hard as that might be for some to understand. Hearing officers see RIGHT THROUGH the dog and pony show.
It's pretty much UNIVERSAL that if you hire a lawyer to appeal
an unfavorable determination and WIN, the lawyer is paid by the state. (hint hint)
They don't have to provide a reason for termination if it's an "at-will" state. You can be fired for any reason, or no reason.
If you fire someone WITHOUT CAUSE that person qualifies for benefits. If he didn't get written notice of being denied, and instructions on how to appeal the "determination" he is ON. A phone call would resolve that question. Trying to do two things at once for your employer doesn't count as "cause". Firing without cause, (and they always try to make up something) is the same as a LAYOFF, hard as that might be for some to understand. Hearing officers see RIGHT THROUGH the dog and pony show.
It's pretty much UNIVERSAL that if you hire a lawyer to appeal
an unfavorable determination and WIN, the lawyer is paid by the state. (hint hint)
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He will get unemp benefits if Jersey is anything like PA. People get fired for all kinds of reasons. If he didn't murder anyone and he didn't burn down the building, very likely he will get it. If the company wants to play hardball, the state will schedule a hearing. Doubt the company shows. Company knows when they fire people they will apply.
The people I've fired for cause always got their unemployment benefits. I never disputed it. Why give someone the boot and then give them a hard time?
I've known people who have done things differently. They're just mean spirited, self aggrandizing morons. One of them drove a young fellow I knew to kill himself.
I've known people who have done things differently. They're just mean spirited, self aggrandizing morons. One of them drove a young fellow I knew to kill himself.
Originally Posted By: azjake
I assume your concern is because he was fired and not layed off. Check the laws in your state, but in most states unless it's something like stealing, drugs, etc being fired because of job performance does not dis-qualify you from UIB.
This is correct. And as long as he didn't quit. UIB is hard to deny. But he will still need to keep looking for employment as past of his qualification for the benefits. I wouldn't worry about UIB. I'd be more concerned with finding new employment.
I assume your concern is because he was fired and not layed off. Check the laws in your state, but in most states unless it's something like stealing, drugs, etc being fired because of job performance does not dis-qualify you from UIB.
This is correct. And as long as he didn't quit. UIB is hard to deny. But he will still need to keep looking for employment as past of his qualification for the benefits. I wouldn't worry about UIB. I'd be more concerned with finding new employment.
Don't worry about it too much. NJ makes it a real hassle for an employer to get a denial of benefits. I've worked in places where they've fired people for theft or gross negligence and in one case assault and it's always just been a matter of too much time involved to pursue it. Unless someone's got a real grudge against him it doesn't make sense to put that much time into it.
Originally Posted By: GROUCHO MARX
The people I've fired for cause always got their unemployment benefits. I never disputed it. Why give someone the boot and then give them a hard time?
I've known people who have done things differently. They're just mean spirited, self aggrandizing morons. One of them drove a young fellow I knew to kill himself.
+1. even though, they were fired. you can't expect people to not have a paycheck at all for months until they get hired again in this economy.
The people I've fired for cause always got their unemployment benefits. I never disputed it. Why give someone the boot and then give them a hard time?
I've known people who have done things differently. They're just mean spirited, self aggrandizing morons. One of them drove a young fellow I knew to kill himself.
+1. even though, they were fired. you can't expect people to not have a paycheck at all for months until they get hired again in this economy.
Originally Posted By: JavierG
Originally Posted By: azjake
I assume your concern is because he was fired and not layed off. Check the laws in your state, but in most states unless it's something like stealing, drugs, etc being fired because of job performance does not dis-qualify you from UIB.
This is correct. And as long as he didn't quit. UIB is hard to deny. But he will still need to keep looking for employment as past of his qualification for the benefits. I wouldn't worry about UIB. I'd be more concerned with finding new employment.
That is hard to do right now. Some excuses employers have given me why I can not be hired right now. Too much experience, too much education, we have too many other employees in your region, you have too much management experience, overqualified, under qualified, not enough experience, not enough education, and my favorite is you would take this job for that little money?
Originally Posted By: azjake
I assume your concern is because he was fired and not layed off. Check the laws in your state, but in most states unless it's something like stealing, drugs, etc being fired because of job performance does not dis-qualify you from UIB.
This is correct. And as long as he didn't quit. UIB is hard to deny. But he will still need to keep looking for employment as past of his qualification for the benefits. I wouldn't worry about UIB. I'd be more concerned with finding new employment.
That is hard to do right now. Some excuses employers have given me why I can not be hired right now. Too much experience, too much education, we have too many other employees in your region, you have too much management experience, overqualified, under qualified, not enough experience, not enough education, and my favorite is you would take this job for that little money?
Well is an honest gentle giant that always sees the good in things... For about 3 months they cut back on hours for most of their employees he was only working 4 days a week and not five...He was never late or ever took a day off. He is one of those people that just want to please..He lives an hour and a half away from my shop so it would not be a good move to work for us.. He is looking for a job as we speak. He is very respectable and is very honest and has lots of friends the people at Richards job is looking to downsize. Im sure he was working at a big clothing store and was not making much money He was Assistant manager (just a title) . It is a chain store and one other person that we know of was let go from another store in the area. (south Jersey) near P.A.
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