Great this this what its all about
This is the discussion that should taken place hours ago.
I thank you for your efforts to dig deeper and for proving that my information was correct as I have been trying to say for the past few hours.
If I recall OP's original post he said he got unemployment, then the employer perhaps contested it (the new employer not the old) claiming he was fired for misconduct. my response to the poster was to inform him that even if the employer wins the misconduct part that as long as it is not considered "gross" or severe misconduct that after the 6 week disqualification period he is then eligible for unemployment. (like in my case, the DOL did not feel that my action rose to the level of gross misconduct and I was able collect) The point i was trying to make was that YES you can be dismissed for misconduct and still receive unemployment after the 6 weeks.
Now. I went to the one STOP career center which is a part of the NJ DOL that confirms that information. That information is not incorrect as you stated, the only thing that is in dispute is the 6 week vs. the 7 week disqualification period.
You went to the DOL website and quoted:
YOU said: Well... Given that this information is incorrect, the rest of your "help" is suspect. From a more definitive source (NJ's Department of Labor and Workforce Development):
Quote:
f you were fired or discharged from your job because you did something that was not in the best interests of your employer, you may be disqualified from collecting benefits. This kind of discharge is known as "misconduct." There are three types of misconduct: simple, severe and gross. A simple misconduct disqualification (i.e. insubordination, lateness or absences with no written warnings from your employer) would begin with the week the firing or suspension occurred, and continues for the next seven (7) weeks. After the disqualification period ends, you may be eligible to collect benefits.
That statement right there confirms that "after the disqualification period ends you may be eligible to collect. That is what the essence of my post to OP said. I did mention that severe or gross misconduct may bar him permanently.
I did not however mention about how he was would continue to be disqualified for benefits indefinitely until he worked in new employment four (4) weeks and earned six (6) times his weekly benefit amount and become separated through no fault of his own. because we did not get that far in the conversation. Had he replied later and updated his case I would have looked that up as my research on that was vague because I did not have to go that far. Instead of proving me wrong you proved me right. The only thing that conflicts with my posting is the disqualification time period of 6 weeks vs. 7 weeks. And that is a department/website conflict. In my personal experience it was in fact 6 weeks. Perhaps they changed the law since my case was back in 2006 and did not update the entire site. The essence is still there.
I suspect that PRO was perhaps offended by the fact that I collected unemployment because she maybe felt that I did not deserve it because I willingly and knowingly violated a workplace policy and chose to resign instead of facing departmental charges and received a lump sum payment. What other reason did she have to dismiss my entire post without correcting me? I viewed that as rude.
So OP I hope you now have all the information needed to pursue your UE claim and will fight the good fight. I do not know why Stealth is smiling because he basically just proved I was right along.