UE eligibility

[hjk1816]

What is the name of your state (only U.S. law)? NJ

I got fired from my job 3 weeks ago for poor workmanship.

I had my fact finding interview this past Wed...received a check yesterday (Friday) but no letter on my decision for UE.

Why did I receive a check but no decision?

Thanks in Advance

[pattytx]

Maybe they crossed in the mail. But not sure what difference that makes.

[commentator]

Getting the first check doesn't mean your claim is approved. It means they haven't made a decision yet, but you filed for the first week, and they have paid you. You may receive a letter next week saying that your claim has been approved, or you may receive one that says it has been denied, which will of course mean that you will not get any more checks unless you file an appeal, have a hearing, and win the decision.

Being fired for performance issues, if you can prove it was not misconduct, and that you did your best, it just was not good enough, is usually a claim that is approved. But it may take up to three weeks for that initial decision to be made. They have to contact the employer and get their feedback, and then make the decision based on what both of you have said.

If you are approved by the initial decision, your former employer can file an appeal and you will have to have a hearing and be approved for benefits too.

Keep filing your certifications for weeks that pass, whether you are getting a check each week or not.

[hjk1816]

My interview was last Wed. and they said my boss had until Thursday at 3 to respond, which he did not. They said they would mail their decision in about a week.
I was the 3rd one let go, the first one was a woman who had been there a year but she quit then he fired her the next day, she was denied but she appealed and lost but is appealing again.
Another one was an engineer with 25 years experience and his was based on poor performance and got unemployment...so at this point, who knows. He let go 4 people actually from July to October.
It would be hard to prove but my boss is really hurting for money (he just came out of his basement a year ago) and has not had any ads out for a new hire, he only hires through craigslist.
But as far as mine and the engineer's UE, we would go back on our previous job, not just him but the woman has only him to claim on UE.
I guess I'll find out sometime this week. I've heard of worst firings and them collecting UE.

Thanks for the info.

[commentator]

Usually you have a much better chance of being approved if fired for performance issues than if you quit. If there is an approval, and your employer files an appeal, and you have a hearing, he will have to present evidence of your poor performance, warnings, disciplines, etc. And then you will present your case, that you did not know you had a performance issue until you were fired, were given no opportunity to save your job. I would also, in this case, feel free to point out that you had x number of co workers who were also fired for performance issues, or let go or forced to quit at the same time, and that you believe it to be because the business is very slow.

They have a certain number of days to get your decision done. In the present economic condition, decisions are running way behind in almost every state. Even so, you will, if approved, eventually get paid for each week you file for.