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  1. #1
    fmoadab is offline Member
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    Unemployment benefits are being questioned

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

    I was working for a company in NJ for three and a half years when my position was terminated due to lack of work and with no problems I started my unemployment case and began collecting. Sometime about 2 months after I got a job offer in NY and after going through a lot of red tape they decided to hire me and I started commuting to the new job and stopped filing for unemployment. Roughly about a month into the new job(computer programmer), they fired me because they felt that the codes I was submitting were not codes I was writing.
    Back to unemployment, opened my old case with plenty of funds in it, and started getting payments till last week when I ran into an issue which my benefits were being denied. To make the long story short, the company that I worked for in NY is claiming misconduct, and apparently from what I was told by the folks at unemployment that could cause loosing my benefits.
    I had a hearing by phone where I told my side of the story, they will also hear theirs, and make a decision. Before I run to a lawyer, I was hoping to get some insight from you folks on this and sort of figure out what I am up against.
    Thanks before hand.
  2. #2
    Beth3 is offline Senior Member
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    Once you started a new job, your past unemployment eligibility was irrelevant. Whether you are now eligible depends on why your let go from your most recent job. It appears your new employer is contesting your eligiblity based on misconduct - that is, the code you were submitting was not your own. The burden of proof is on your employer to demonstrate to the State that was the case. If they can do that, then the State will determine whether that qualifies as "willful misconduct" and makes you ineligible for UC benefit.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  3. #3
    swalsh411 is offline Senior Member
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    First of all, were you (for lack of a better word) plagiarizing/stealing code and representing it as your own? If not, then simply say you didn't do it. The burden of proof will be on them to show there was misconduct. They can't just claim there was and win. They have to have credible evidence.

    If you did plagiarize/steal then the issue will be if this rises to the level of misconduct. Some of the factors that will be considered include:

    -Is this common practice in this profession?
    -Did other employees at this company do it?
    -Was there a policy against it? Was it enforced?
    -Did your employer know about it and turned a blind eye?
    Last edited by swalsh411; 12-31-2011 at 10:58 AM.
  4. #4
    fmoadab is offline Member
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    It is a common practice by programmers to go to different library sites and take codes and modify them for their use, which is why these library sites exist. Sometimes the codes have copy rights and you can still use them but you have to mention that who wrote the code. In my case I never claimed that I wrote the codes and I never used copy righted codes. As a matter of fact in my phone hearing , I pointed out that I have emails indicating that " I use such codes", not that " I wrote these codes", and frankly I do not see the point of the employer contesting this. Suppose the employer claims that I was fired for not writing the codes myself. Is there a possibility that unemployment takes their side and deny my benefits?
  5. #5
    cbg
    cbg is offline Senior Member
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    Is there a possibilty? Of course there is a *possibility* that the UI office will side with the employer. That's why we have hearings. If your benefits were guaranteed regardless of what the employer said, why waste time letting the employer have their say?
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  6. #6
    swalsh411 is offline Senior Member
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    The "point" is that they have a right to contest the claim and are choosing to exercise that right. Don't worry about why; it doesn't matter. Based on what you have provided, it doesn't sound like the employer will be able to prove that you using code you didn't write rises to the level of disqualifying misconduct.

    However, you didn't answer my question though about whether or not they had a policy. If they had a clear policy that said you could not under any circumstances do this and if you were caught it was grounds for immediate termination, and they consistently applied this policy, then your chances aren't looking so good. Even if it is industry practice, an employer has every right to tell their employees they cannot do it.
  7. #7
    conflict101 is offline Member
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    been there claimed that got my checks anyway

    I once worked in NJ and resigned from my job in lieu of termination. Yes I quit but they wanted to fire me but I gave up my Union rights and I drove the claims examiner bonkers because they approved me initialy but because I said I resigned in lieu of termination, they then denied me. Then I fought and appealed and took it all the way to the Board of Review where they reopened my case and I had a new hearing and a letter from HR which said they advised me that I would be eligible to collect unemployment should I resign in lieu and then UE was pissed at my employer for telling me that saying they were not allowed to do that and that they couldnt drive me away with UE when I had the right to a hearing etc... Anyway from the looks of it you are eligible based on your previous employment with the base credits and stuff. Now the second part comes into play and that is the "misconduct" matter that the new employer is claiming. Even if they claim it was misconduct and UE rules in their favor, You can still be eligible for unemployment if your firing was deemed to be misconduct.
    You just get penalized and are disquaLIfied for like the first 6 weeks. After those 6 weeks are up you can collect. Now, if your alleged misconduct rises to the level of "gross or severe" misconduct then yes you may be denied entirely. From what I read theft will disqualify. I would think that any matter you are fired for that is "indictable" then that would rise to the level of "gross misconduct" but claims examiners are not necessarily trained to analyze aspects of your job so it really depends on how they regard your "action". Don't give up. Take it to the Board of REview if you have to. Be a major pita and you will get your unemployment while you find another job.... I advised about 3 wall street occupy protesters a few weeks ago who lost their jobs who never bothered to file because they assumed that because they got fired they were ineligble. If I were you I would do your own research and not rely on this site because the people on here are not here to help. I did not seek the advice of a lawyer. They are mainly here to condemn, critize and judge. Not pinpointing anyone directly since I dont pay attention to names just saying thats how I see it.
    Last edited by conflict101; 01-01-2012 at 02:49 AM.
  8. #8
    Proserpina is offline Senior Member
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    Quote Originally Posted by conflict101 View Post
    I once worked in NJ and resigned from my job in lieu of termination. Yes I quit but they wanted to fire me but I gave up my Union rights and I drove the claims examiner bonkers because they approved me initialy but because I said I resigned in lieu of termination, they then denied me. Then I fought and appealed and took it all the way to the Board of Review where they reopened my case and I had a new hearing and a letter from HR which said they advised me that I would be eligible to collect unemployment should I resign in lieu and then UE was pissed at my employer for telling me that saying they were not allowed to do that and that they couldnt drive me away with UE when I had the right to a hearing etc... Anyway from the looks of it you are eligible based on your previous employment with the base credits and stuff. Now the second part comes into play and that is the "misconduct" matter that the new employer is claiming. Even if they claim it was misconduct and UE rules in their favor, You can still be eligible for unemployment if your firing was deemed to be misconduct.
    You just get penalized and are disquaLIfied for like the first 6 weeks. After those 6 weeks are up you can collect. Now, if your alleged misconduct rises to the level of "gross or severe" misconduct then yes you may be denied entirely. From what I read theft will disqualify. I would think that any matter you are fired for that is "indictable" then that would rise to the level of "gross misconduct" but claims examiners are not necessarily trained to analyze aspects of your job so it really depends on how they regard your "action". Don't give up. Take it to the Board of REview if you have to. Be a major pita and you will get your unemployment while you find another job.... I advised about 3 wall street occupy protesters a few weeks ago who lost their jobs who never bothered to file because they assumed that because they got fired they were ineligble. If I were you I would do your own research and not rely on this site because the people on here are not here to help. I did not seek the advice of a lawyer. They are mainly here to condemn, critize and judge. Not pinpointing anyone directly since I dont pay attention to names just saying thats how I see it.


    OP, please disregard this post.


  9. #9
    conflict101 is offline Member
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    OP dont believe the hype

    Everything I say is true. That poster that said to disregard my post prob never stepped a foot IN NJ and added nothing to say to dispute MY CLAIM whatsoever. I am telling you that IN NJ the GREAT GARDEN state that you can collect unemployment if you were fired for misconduct after a 6 week disqualification period.
    Cut and posted from the nj ONE STOP CAREER SITE IS THIS Q&A



    What if I was discharged for misconduct?

    If you were fired or discharged from your job because you did something not in the best interests of your employer (like breaking company rules or policy), you may be disqualified from collecting benefits. This kind of discharge is known as "misconduct." The disqualification would begin the week the firing or suspension occurs and continue for the next five weeks. After the disqualification period ends, you may be able to collect benefits.

    If you were fired for any reason that is serious enough to be considered a crime under the "New Jersey Code of Criminal Justice," you may be disqualified from collecting benefits indefinitely. This is known as a "gross misconduct" discharge. To remove a "gross misconduct" disqualification, you must return to work for at least 4 weeks, earn 6 times your weekly benefit rate, and become unemployed through no fault of your own. In addition, the wages you earned with the employer who discharged you cannot be used to establish an unemployment claim or to remove a disqualification.

    If you were fired, you will be scheduled for a claims examiner interview. The examiner will determine if you are entitled to benefits.

    noW give me a reason as to why the OP should disregard my post Senior Member, Proper PeenA
    Last edited by conflict101; 01-01-2012 at 03:31 AM.
  10. #10
    conflict101 is offline Member
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    IM still WAITING prosperina. I know your still awake. I know if you been bad or good so continue to be just as uneducated as the rest of us posters for goodness sake. What was incorrect about my information that I provided. YOU started this finish it the right way and I'll go away
  11. #11
    stealth2 is offline Senior Member
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    Nothing conflict posts changes the fact that you MAY or MAY NOT continue receiving unemployment in NJ. It all depends on what your former employer presents.

    And before being accused as he did with Pro, I live in NJ, work in NJ and have collected unemployment in NJ.
  12. #12
    conflict101 is offline Member
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    THank you stealth, but I never said he will get unemployment either. PRO said to disregard my posting and I would like to know what justification there is to say that. I will be good now and can have a rational conversation about this as I realize every situation is different. But I never claimed he would or wouldnt receive. I just laid down the facts as they were presented and how they impacted me. as I too once lived and worked and collected unemployment in NJ for all the reasons how crazy my departure from my job was....


    Steath I am a female by the way. I was just a little bitter never planned on being a troll lol, If I am wrong about something then I will own up to it and become kick ass awesome in my knowledge next time. I was pursuing a degree in paralegal but Lost interest in this profession unfortunately and am just finishing the degree to finish for the heck of it....
    Last edited by conflict101; 01-01-2012 at 04:10 AM.
  13. #13
    stealth2 is offline Senior Member
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    Quote Originally Posted by conflict101 View Post
    THank you stealth, but I never said he will get unemployment either. PRO said to disregard my posting and I would like to know what justification there is to say that. I will be good now and can have a rational conversation about this as I realize every situation is different. But I never claimed he would or wouldnt receive. I just laid down the facts as they were presented and how they impacted me. as I too once lived and worked and collected unemployment in NJ for all the reasons how crazy my departure from my job was....


    Steath I am a female by the way. I was just a little bitter never planned on being a troll lol, If I am wrong about something then I will own up to it and become kick ass awesome in my knowledge next time. I was pursuing a degree in paralegal but Lost interest in this profession unfortunately and am just finishing the degree to finish for the heck of it....
    So you admit to being a troll. Thank you for doing so. I'm sure Admin will be interested.
  14. #14
    conflict101 is offline Member
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    OMG stealth are you for real, now your gonna rat me out to ADmin because I sarcastically said I never planned on being a troll, I don't even know what a troll means in cyber world but I assumed it was someone who randomly posted stuff that others did not like and if that is true then this whole site is nothing but trolls. Now you reporting me to Admin will make you look like a bigger fool. I see pro has not come back to justify her reason as to why I should be ignored and You also did not dispute the information I posted so What Gives. You totally disregarded the fact that I was willing to start anew and have a rational conversation. I am still not convinced that my response to this OP was justified in being told to be disregarded and I hope Admin sees that before kicking me off as well.
  15. #15
    Proserpina is offline Senior Member
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    Quote Originally Posted by conflict101 View Post
    OMG stealth are you for real, now your gonna rat me out to ADmin because I sarcastically said I never planned on being a troll, I don't even know what a troll means in cyber world but I assumed it was someone who randomly posted stuff that others did not like and if that is true then this whole site is nothing but trolls. Now you reporting me to Admin will make you look like a bigger fool. I see pro has not come back to justify her reason as to why I should be ignored and You also did not dispute the information I posted so What Gives. You totally disregarded the fact that I was willing to start anew and have a rational conversation. I am still not convinced that my response to this OP was justified in being told to be disregarded and I hope Admin sees that before kicking me off as well.

    Okay, I'll finish it.

    OP, please consider the post histories of those who have responded.

    Please also consider conflict101's agenda.

    Are we all good now? Excellent. I don't expect to hear from conflict101 again unless they're once again going to confirm that they're trolling the site.


    I apologize, OP, for the hijack.

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