Unemployment Issues

[threeoneeighty]

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

Went on temp. disability on 6/23/09. In July, my one boss told me over the phone that they'd pay me under the table. Declined, noting it was illegal for me to accept that offer. Was fired/discharged from my job on 8/19 while on disability. Got a letter saying that if I found myself in a position where my health improved & I wanted to return to the company, they'd try to accommodate me.

12/15, I got an e-mail asking what my plans were & if I wanted to return or do freelance work. Declined on the return, unable to do the work/amount of hours I was doing before and said that I'd be happy to do freelance work in the Spring when it became available (after working there for almost 5 years, I know their busy seasons and figured this was when they'd need me). Disability ended 12/30. Employer told unemployment that I refused work with them, so I now have a fact finding phone interview with UI on Tuesday.

Does anyone know how UI usually rules with this situation? After all, I was fired (not laid off) from my job while I was sick and collecting disability. In the past, they've done the same to others and in one instance, fired the person after bringing them back after their illness because their work was not up to par. Was it wrong of me to tell the ex-employer what my health situation was? I have copies of the e-mails that were exchanged. After I explained my situation and that I'd definitely do freelance work for them, instead of saying "We can work through any problems or issues you have. We truly want you back", she responded saying "I understand completely and appreciate your honesty."

Hopefully someone can shed some light on this for me.

Thank you.

 

[justalayman]

generally, if you are not able, due to medical reasons, to accept employment, you are not eligible for UI. You proved the employers case when they offered work to you and you refused on a medical basis.

 

[threeoneeighty]

I am ready, able and willing to work and have not refused anything while my unemployment claim has been in effect. I had been FIRED from my previous position and was offered work while on disability by the same employer BEFORE my disability claim was up and before I was cleared to start working again. Due to the condition of my chronic illness, I am unable to travel as far for work anymore and unable to do the same hours/amount of work I had been doing.

 

[commentator]

To be eligible for unemployment, you must be fully able and available for work in other words, fully released with no restrictions by your doctor, and then out of work through no fault of your own.

You were officially terminated 08/19. You will need to produce any letter or statement you were given by the employer at that time. You will need to be able to repeat exactly what you were told by the employer at the time you were terminated.

Then you were fully released by your doctor 12/30. That contact you received from the company before you were released doesn't count for much because you were not released by the doctor yet. And they have actually terminated you. So your relationship with the company has been severed.

If they hadn't officially terminated you, you would be required for unemployment purposes, at the time you were released from your sick leave, to report back to the company to see if they had the equivalent amount of hours and days you had when you were forced to leave the job due to health reasons. It isn't kosher to say, "No I can't work those same hours now, I can only work part time because I've been sick", or "I'd prefer not to come back until spring," if they actually have the work available for you.

Of course to be eligible for unemployment, you must be able and available and actively seeking work. Because you have been terminated, they may excuse you from applying back at your old company for work at this time, but then again, they may not.

In any case, if they were to fire you after you went back to work due to production or quality of work, you could sign up for and receive unemployment benefits at that time, because as long as you come to work and do the job to the best of your abilities, if they terminate you, it is not misconduct and will not keep you from getting benefits.

Certainly, if you tell the unemployment commission you are not able to work as many hours, commute as far, or don't want to go back to work right now, that wouldn't be good for your eligiblity overall.

 

[threeoneeighty]

Thank you for the response. The e-mail dated 12/15 just says: I wanted to see how you are feeling and what your plans are for work. Do you have any interest in returning here or doing freelance work. I believe you are legally able to do a certain amount of work/earnings without jeopardizing your unemployment or disability status.

There was no actual offer of any job...just my plans and how I was feeling. I was still on disability at the time. The termination letter, dated 8/17 (2 days before they terminated me over the phone) stated this: This letter is to acknowledge your communication with us about your continued medical challenges and the treatment process ahead. As discussed both on the phone and in our office with you on Wednesday, August 26th we now are required by company policy to terminate your employment since your leave has now gone beyond eight weeks.

 

[threeoneeighty]

Just wanted to also mention that I have been actively seeking work and have the back up e-mails to prove I've done so.

 

[justalayman]

Due to the condition of my chronic illness, I am unable to travel as far for work anymore and unable to do the same hours/amount of work I had been doing.

then you DO have a medical limitation to your work. That means, when UI folks ask:
are you willing and able to accept employment, your answer is not a simple "yes"

and when they ask if you refused work, your answer would have to be "yes"

2/15, I got an e-mail asking what my plans were & if I wanted to return or do freelance work. Declined on the return, unable to do the work/amount of hours I was doing before and said that I'd be happy to do freelance work in the Spring when it became available (after working there for almost 5 years, I know their busy seasons and figured this was when they'd need me). Disability ended 12/30. Employer told unemployment that I refused work with them, so I now have a fact finding phone interview with UI on Tuesday.

one thing you did not provide is when you filed for UI and for what period their investigation is concerning. Obviously if you just filed for UI and you can in fact now accept unrestricted work, you simply tell them the same thing you did here. I was restricted, I am no longer restricted. I refused the work only during the restricted period. If they offer me employment now, I would accept without restrictions


Oh, wait, you said you do have restrictions

never mind.

 

[threeoneeighty]

My unemployment claim began 1/3/10. I did not refuse work from 1/4/10-1/9/10 or 1/11/10-1/16/10, which is what the UI questions asked.

 

[justalayman]

then that is what you tell them.

the one thing that may cause you a problem though is you do claim to still have some restrictions.

 

[threeoneeighty]

Thank you for your help! I read further into the NJ Unemployment law and now understand that even if I am found to have refused suitable work, my pay would only be docked for 4 weeks, including the week I refused for. I was under the impression that they'd completely deny my benefits (even though I've already been receiving payments since 1/20/10). So, since I was on disability when the work was refused, it probably will not affect me. If it does, it does...but it's only for 4 weeks.

Requirements for Payment
Not Refuse Any Offer of Suitable Work

This means that if a suitable job is offered to you, you must take it. If you refuse the job, you may be denied benefits for the week in which you refuse the job and for the next three (3) weeks.


Thanks again!

 

[commentator]

Yes, BUT...if you, in explaining to the unemployment office why you refused this job offer, you do not say it was because they had already fired you and you did not want to work for them again, but instead say it was because you did not want to work those hours or travel that distance or go back to work that many hours, you might end up disqualifying yourself for all future benefits. Remember, you must be able and available and actively seeking full time work during all the time you are drawing.

 

[threeoneeighty]

Right, I understand this. At the time I was offered employment through them, though, I was on disability and had not been cleared for work at that point by my doctor.

Thank you again. Have a good one.