N.J. proposes rules to make it harder for workers who quit or are fired for misconduct to collect UE

[The Straight Story]

N.J. proposes rules to make it harder for workers who quit or are fired for misconduct to collect unemployment

TRENTON — It could soon be more difficult for some unemployed to collect jobless benefits in New Jersey.

The state Labor Department has proposed rule changes that would tighten unemployment eligibility for workers who quit or who are fired for misconduct.

The changes create a tiered system for misconduct cases that would prohibit the payment of unemployment benefits or extend the wait period before benefits are paid.

A public hearing on the proposal is set for Friday.

http://www.nj.com/news/index.ssf/2010/12/nj_proposes_rules_to_make_it_h.html

[Arctic Dave]

1. More slippery slope legislation to keep from paying people

money they are rightfully entitled to.

[The Straight Story]

2. Yep - instead of laying people off, they will just fire them (nt)

[uppityperson]

6. I thought that was the law already, if you quit/are fired you can't collect.

at least here in WA, I thought that was how it is. COuld be wrong, have been wrong before.

[The Straight Story]

8. You can fight it, and sometimes companies won't spend the time/money to battle you

Have known several people fired and they still got it.

[Ruby the Liberal]

18. Back in 1999, I was fired for cause (not a team player) and rightfully so - the clique I was

absorbed into after a restructuring wanted no part of my (former) division. I was a bitch on wheels to the end. I filed for UC and my company fought it. The UC/State guy was an advocate for shitty workplace claims and tossed them out on their ass, allowing my benefits (which were only 3 months as I was re-employed during that time between filing and hearing).

I remember him fondly to this day for standing up for me and calling them out on their lousy excuses and nonsense crap.

[madokie]

17. Pretty much here in OK too

Here if you contest it they will let you draw UI after a 5 or it may be a 7 week waiting period but If you quit unless you have a damn good reason for quiting you're simply out of luck.

[Liberal_in_LA]

20. agreed

[Spaldeen]

7. Not surprised.

I don't see why this is so hard to understand. They paid the money in, why can't they get it back?


I just spoke to my aunt this evening, and she is glad she left NJ, after living their her whole life. She works in the education field, so she has already been affected by that fat tub of lard Chris Krispy Kreme Christie's BS.

[Ruby the Liberal]

3. I am surprised this isn't already law

Most states deny UC for quitting or being fired for cause.

[The Straight Story]

4. I quit a job and got it

Had good reason though :)

[Ruby the Liberal]

13. Even with good reason,

most states are a no-go for quitting and/or firing for cause. I am surprised that there are states that allow UC in those circumstances any more.

[Matariki]

5. I thought it already was.

At least in the state I live in, you can't collect unemployment if you quit.

[The Straight Story]

9. Usually you can - as long as you had good reason

Example - to take care of a sick loved one, etc.

[tammywammy]

10. That's already the law in Texas

You can get unemployment if you quit/fired under certain circumstances, but never if misconduct is a reason.

[Spaldeen]

11. Well...

Who decides what misconduct is?

Breaking the law? Speaking your mind to the man?

[tammywammy]

12. Misconduct examples:.

"Examples of misconduct are a violation of company policy; violation of law; neglect or mismanagement of your position; or failure to perform your work acceptably if you are capable of doing so."

http://www.twc.state.tx.us/ui/bnfts/claimant1.html

And from what I know, the burden of proof is on the employer to prove misconduct. v

Here's an interesting blog: http://employment.lawfirmnewjersey.com/archives/cat-unemployment.html

[Spaldeen]

14. So long as the burden of proof lies with the employer

That is as it should be.

[tammywammy]

16. And that's the way I've always understood it n/t

[Ruby the Liberal]

15. "failure to perform your work acceptably"

Does apply to sales people who don't meet quotas?

BIG fear of mine...

[tammywammy]

19. That would depend

I would assume (but depends on the state) if you're making an attempt to meet sales goals you would get benefits...meaning you showed up to work on time, you met with an appropriate number of available clients, etc. You'd have to be willfully trying to NOT meet your quota, again assuming, to not qualify for unemployment under those guidelines.

[Ruby the Liberal]

21. Thanks! Lets hope...

[WCGreen]

22. This is important stuff because it shows that the Unemployment

Bereau is going to be more interested in denying benefits than in grant them....

Employers have a vested interest in fighting every unemployment claim that comes through.