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  1. #1
    Join Date
    Jan 2011

    Thumbs down Unemployment Benefits Question - Fact Finding Interview Scheduled

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

    Hello everyone,

    I recently (Jan 16, 2010) applied for UI in NJ since being unemployed and receiving no income since November 3, 2011.

    I have received my Notice of Benefit Determination and a letter detailing an Appointment for Claims Examiner Interview with the reason defined as: "You may have quit your job without good cause attributable to the work."

    I've prepared a summary of the events that led to my applying for UI and plan to fax the packet to the Unemployment Office before the interview.

    I'm just not sure if I'm being too excessive. Am I giving too many details? Should I not fax anything and just answer the questions on the back of the sheet? Does the fact that I have a fact finding interview mean that my previous employer has filed a dispute? Will they be on the line simultaneously with me during the interview?

    I've attached my summary below. If anyone can take the time to read it and just give me some insight, I'd really appreciate it.

    Evidence Supplied
    Job Description
    Training Syllabus
    Elance Account Page
    Elance Jobs Page

    Summary of Events
    I previously worked at a start-up web development firm with a 2-hour daily commute. The commute was 2-hours because I had started at the company while I still lived on my college's campus, which was a 10 minute walk from the office. After 1-1/2 years, I wanted to find a more stable position closer to home. I received offers from two companies, Company A and Company B.

    Company B was another startup with the same stability issues as my previous employer and I accecpeted a position at Company A despite the fact that my skill set did not contain the skills that the job description required ( see resume and job description attached. Items #1 and #2 ). I was told I would be trained in the skills necessary.

    Training did not begin until 15 days after my first day and included a small subset of the skills required as listed in the job description (See Training Syllabus. Item #3). The work I was given was out of my expertise and the skills I had aquired in academia and through previous experience were being under utilized and forgotten.

    At this point, I had been contacted by two previous colleagues from a previous employer with an offer to join their entreprenuerial start-up project. I was also contacted at this time by Company B with inquiries into how my new position is working out and a request to restart the interview process. Because the work at Company A was outside of my ability to perform and I had a business opportunity lined up, I quit my position at Company A on November 3rd, 2010 after giving my two-weeks notice. I then worked with the aforementioned collegues for no income until mid-December when the venture failed.

    I then attempted to start a sole proprietorship freelance web development business via freelance websites like Elance.com (See screenshot of account page. Item #4). I was unable to find work through these sites (See screenshot of Jobs page. Item #5). At this time, I also began applying to jobs via websites like Dice.com and received no inquiries in my required salaray range or without excessive commute times.

    And here are the answers to the back of the sheet.

    1) Most recent employer:
    a. Name of Company: Company A
    b. Address: XXXX YYYY Rd, ZZZZZ, NJ
    c. Phone Number:
    d. Supervisor : Mat Gilpa
    2) Time frame
    a. First day worked:
    i. Month: June
    ii. Day: 28
    iii. Year: 2010
    b. Last day worked
    i. Month: November
    ii. Day: 3
    iii. Year: 2010

    3) What was your rate of pay?
    a. $27 per hour

    4) What hours and days did you normally work?
    a. Hours
    i. From 7AM to 4PM
    b. Days
    i. From Monday to Friday

    5) What kind of work did you do?
    a. Mainframe bug fixing and program compiling

    6) Are you seeking work in your regular occupation at about the same pay, hours, and distance as above?
    a. YES

    7) Are you: Attending a training course or school.?
    a. CompTia A+ Certification
    b. CompTia Network+ Certification

    8) Please complete the following:
    a. I am looking for full-time work OR part-time work
    b. I am looking for work in the following fields Web Development and Technical Support.
    c. I have 3 and 0 years experience in these fields, respectively.
    d. The lowest rate of pay that I will accept is $26 / hour
    e. I normally look for work by: Other
    f. I am willing to travel 25 minutes to a job.

    9) Please list any facts or details that might explain the items above:
    a. I normally look for work via job search websites like Monster.com, CareerBuilder.com, or Dice.com.
    b. The CompTia certifications are self-paced courses. I have purchased the necessary materials for the exam and have been studying and self-assessing bi-weekly.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

    Last edited by charles42; 01-28-2011 at 05:48 PM.
  2. #2
    Join Date
    May 2009
    Sad but true. I do not think that anything you submit in the fact finding will do anything to get you benefits. Fact finding means that your previous employer, the one you gave the two weeks notice to and voluntarily quit, has objected to your receiving benefits from their employer account, saying that you voluntarily, for personal reasons, quit the job in Nov, 2010.

    That's true, from what I'm seeing. You voluntarily quit a job, went to another situation, and then, due to this job not working out, are unemployed. There is no fairness in the old employer having to pay you unemployment benefits, or be taxed according to you receiving them, because the decision to leave the job with them was yours, not theirs. It was based on personal reasons, not things that had happened on the job which necessitated your finding something else.

    It is likely they will not be on the line. Fact finding is done before the initial decision to grant benefits. After this decision is made, you will receive notice, with a notice that you (or the employer) can appeal this decision. At that time, there would be a hearing, at which both of you would be present. But honestly, you don't have a leg to stand on here.

    Unemployment benefits are not paid based on how badly you need them, or what your economic situation is at the present time. It is based on the reason you left your last covered employment, which was, as far as I can tell, this person you resigned from and gave two weeks notice. By accepting and working at that job which involved a long commute, you did accept the commute, you cannot later quit and say it no longer met your needs and be granted unemployment.

    Unemployment costs the employer money in tax rates, therefore, they are not inclined to not appeal and let you have it just because you quit your job for personal reasons. They would have to be the moving force in your termination, either through lay off or termination for cause before they would have to agree to your receiving unemployment, and even then, they have appeal rights.

    It's hard to make a case when the law is not on your side.

  3. #3
    Join Date
    Oct 2004
    small town, PA
    Not California, but I can tell you what Commentator said is exactly what happens in my prior state of Maryland; it happened to me personally.

    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  4. #4
    Join Date
    Jun 2006
    You must understand that millions of people are collecting (or trying to collect) unemployment insurance. Time for reading "your side" is minimal, and I think you could have told it in a more efficient, time saving manner. My guess is that you won't be given more than an hour, if that long, to present your side. And based on what you wrote, you won't win.

  5. #5
    Join Date
    Oct 2004
    small town, PA
    An hour? For a fact-finding interview, expect more like 5 to 10 minutes.

    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  6. #6
    Join Date
    Jun 2006
    I hope you're right, pattyx!

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