Need help, very confused in NJ

[jewelw]

What is the name of your state? NJ
I recently had my hours and salary cut from full time salary to per diem due to lack of work and my employer didnt want to pay me a salary any longer. I found out that if I worked under a certain amount of hours I could file partial unemployment. I proceeded to do so, then my employer approched me a couple months later and asked why I had not told her I was doing this. She explained she would have to let me go due to the reason of me filing partial unemployment benefits. I tried to explain to her I was allowed to do this. Now she is giving false information to the unemployment department about me not needing to file a claim as she had work for me. I have had the investigative interview and now they are saying I might have to pay all the unemployment benefits back. I feel this is so unfair. Also over the past 2 years I never received a check stub attached to my check. She would either deposit it for me or just give me a company check. Now I have no way of proving that I was only working part time after the time she reduced my hours. Can anyone give me advice? Thanks.

 

[pattytx]

Confused, did you turn down work and deliberately limit your hours so that you could also file for unemployment? Hope not, because that is a fraud case waiting to be discovered.

Regarding paystubs, New Jersey labor laws require pay detail as follows:

Q. Is my employer supposed to give me a statement of deductions?
A. Yes. Each time you are paid you must receive a statement of
deductions listing the gross and net wages and all individually itemized
deductions (such as taxes) from your wages.

As you can see, hours worked are not specifically required on the statement, but total gross, taxes, and other deductions are. So, your employer was in violation of NJ Wage and Hour regulations if you did not get such statements and I would file a complaint with the NJ Dept. of Labor, although I'm not sure how far back they will accept a claim for. However, even with such statements showing that you worked only part-time, if the company had work for you and you turned it down, you can't get UI benefits. I'm not sure how either you or the company is going to prove that the work was/was not available, regardless of your part-time hours paid.

Beth, cbg, any ideas?

 

[jewelw]

NJ- No I didnt turn down work. My past employer is telling the unemployment department that she had work available when in fact she absolutely did not. She is stating I could have been working in a location that didnt even exist at the time. I appealed the unemployment denial and now Im just waiting to hear from them. I guess its basically my word against hers. It is no fair at all and they are asking for all the money back. UGH!

 

[pattytx]

If either party has any witnesses to their side of the story, that may have swayed the adjudicator. Let us know how it turns out.