Crazy screw up with NJ UE. (record, UI, federal, state)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Umm something just hit me, i have worked inbetween 2008 and my last claim in 2010, same company that laid me off. could that be confusing UE to thinking my old 2008 claim was still open?
I just read your post, ive heard of that happening. i hope not in my case. I just dont get how my 2008 claim would be open if i went to work in 2010 for over 6 months.
Your working between 2008 and 2010 is not the issue. If you had NOT collected any EUC benefits on that 2008 claim before the end of your benefit year, NJ could not go back to that now. Since you were paid EUC benefits off that claim before the end of your benefit year or establishment of a new claim, those EUC benefits must be exhausted before EUC benefits from a later claim are paid.
NJ is not confused but they did goof. NJ failed to check on earlier claims before paying you tier benefits on this last claim. It is their error. But, even though they made the mistake, they can ask for those benefits back and pay you instead 15 weeks tier benefits from your first claim. Or, they might net it out and say we paid you in error $500x15=$7,500 but should have paid you $150x15=$2,250, thus you owe us $5,250. They could also say you can either pay back the $5,250, or you can go without benefits until the $5,250 is 'repaid.' They have many options here.
The best would be if they would just pay you the $150/wk until next year when you can collect EB.
You will have to determine whether you want to risk an appeal and complete review and scrutiny of your claims history. None of this is your fault, but you could be left holding the bag.
Also, claims reps have limited knowledge. What you may be told will ultimately happen could be far from what will actually happen.
Okay i need to know if this has happened to anyone, I finally got through to UE today, as my first extension ended 2 weeks ago and i tried claiming today.... Nope.
So i called and somehow got through. im being told that i have an open claim from 2008 from a part time job that i have to finish first that is extended to 19 weeks before i can go back to MY normal UE extension.
The problem with that is (making up the cash value) is that my part time claim was 130 a week, and the claim ive been so used to was 500+.
She (OLGA) from Freehold center told me theres nothing she can do about it and that if i want to, i have to appeal it and that doesnt promise me anything. She also told me come december they are trying to stop all Extended benefits.
Anyone have any advice how to approach this? How to fix this?
TL;DR i went from 500+ a week to old claim from 2008 making 130.
The same exact thing has happened to me, this past March NJ Unemployment reviewed my claim as i reached the one year anniversary date of my claim, however they reverted my claim back to a 2008 ui claim. I have lost $605.00 a month due to this, and sadly to say their isn't anything you or I can do to switch it. It completly frustrates me as i finished my 6 month claim in 2008. I found work in January of 2009 and had the same job until i was laid off last March of 2010, the amount i was recieving in 2008 is from a job i had in 2007. It makes entirely no sense, as i received my normal WBR the entire time i was on my state claim in 2010, as well as my 1st tier, when i switched to go into Tier II they did the switch. i've asked unemployment agents numerous times to explain how this is possible and why havent i received the amount i originally received, i still don't have an answer.
Your working between 2008 and 2010 is not the issue. If you had NOT collected any EUC benefits on that 2008 claim before the end of your benefit year, NJ could not go back to that now. Since you were paid EUC benefits off that claim before the end of your benefit year or establishment of a new claim, those EUC benefits must be exhausted before EUC benefits from a later claim are paid.
NJ is not confused but they did goof. NJ failed to check on earlier claims before paying you tier benefits on this last claim. It is their error. But, even though they made the mistake, they can ask for those benefits back and pay you instead 15 weeks tier benefits from your first claim. Or, they might net it out and say we paid you in error $500x15=$7,500 but should have paid you $150x15=$2,250, thus you owe us $5,250. They could also say you can either pay back the $5,250, or you can go without benefits until the $5,250 is 'repaid.' They have many options here.
The best would be if they would just pay you the $150/wk until next year when you can collect EB.
You will have to determine whether you want to risk an appeal and complete review and scrutiny of your claims history. None of this is your fault, but you could be left holding the bag.
Also, claims reps have limited knowledge. What you may be told will ultimately happen could be far from what will actually happen.
New Jersey State Senate Majority Leader Barbara Buono is proposing legislation to stop abuses of the unemployment insurance system in the state.
Among other controls, the bill would grant laid-off workers a waiver from repaying any overpayment in benefits that was found to be of no fault of their own.
At this time, an employer or their authorized agent who fails to submit information required under the unemployment insurance law can still appeal after a benefit determination is made -- even a full year or more after unemployment payments begin. Currently, a laid-off worker who is then disallowed benefits as a result of such an appeal could be responsible for repaying all the benefits they had received in the interim. Buono's bill would eliminate the requirement of that repayment.
New Jersey State Senate Majority Leader Barbara Buono is proposing legislation to stop abuses of the unemployment insurance system in the state.
Among other controls, the bill would grant laid-off workers a waiver from repaying any overpayment in benefits that was found to be of no fault of their own.
At this time, an employer or their authorized agent who fails to submit information required under the unemployment insurance law can still appeal after a benefit determination is made -- even a full year or more after unemployment payments begin. Currently, a laid-off worker who is then disallowed benefits as a result of such an appeal could be responsible for repaying all the benefits they had received in the interim. Buono's bill would eliminate the requirement of that repayment.
That news on facebook is outdated. Buono's law was vetoed in part and passed in part in November 2010:
Quote:
Originally Posted by diorgirl
New Jersey State Senate Majority Leader Barbara Buono is proposing legislation to stop abuses of the unemployment insurance system in the state.
Among other controls, the bill would grant laid-off workers a waiver from repaying any overpayment in benefits that was found to be of no fault of their own.
At this time, an employer or their authorized agent who fails to submit information required under the unemployment insurance law can still appeal after a benefit determination is made -- even a full year or more after unemployment payments begin. Currently, a laid-off worker who is then disallowed benefits as a result of such an appeal could be responsible for repaying all the benefits they had received in the interim. Buono's bill would eliminate the requirement of that repayment.
New Jersey Governor Chris Christie has vetoed part of a bill (S1968) on unemployment benefits that would have eliminated the requirement that people who received overpayment of unemployment benefits through no fault of their own would not have to refund those overpayments (see earlier report on the legislation reprinted above).
The governor's conditional veto came, even though the bill had bipartisan support in the Legislature -- it passed 70 to 9 in the state Assembly and unanimously in the state Senate.
Christie did not object to the part of the bill doubling the time, from 10 to 20 days, allowed for people to appeal decisions on benefit awards.
New Jersey Governor Chris Christie has signed into law a variation on the bill described above that does provide some protection for people who receive overpayment of unemployment benefits under certain circumstances.
The bill that Christie signed -- A-2864 -- targets cases where employers or their authorized agents fail to submit information required under the unemployment law and then appeal only after a benefit determination is made, some times delaying benefit payments for a full year or more.
Under this bill, claimants in these situations would not have to repay overpayments that were made before it has been determined that there was an overpayment. The benefit level would, as under current law, be reduced for all benefits paid after the determination of overpayment.
No. The scenario for this bill would be: you file for unemployment; you get approved for benefits, and you start collecting. At a later date, the ex-employer comes back and says, "Hey, we just discovered this information that proves that this person shouldn't have been paid UI or shouldn't have been paid as much UI."
Before this bill, if NJ UI reviewed the new data and changed its determination to say you should have gotten lower benefits or no benefits, you were required to repay all the overpayment.
This bill says that now you can't be held accountable for that overpayment. So you keep all the benefits paid to you before the new determination.
If the new determination is that you should get lower benefits, the lower payment kicks in after the new determination. If it is determined that you never should have gotten benefits, your payments simply stop. But there is no going back ever to try to retrieve those funds already paid to you because of the delay of your ex-employer.
It is interesting you had the same experience. NJ pays state benefits and Tier 1 from the latest claim before reverting to the earlier claim. They were wrong to do this. I wonder if they have since corrected their procedures.
That news on facebook is outdated. Buono's law was vetoed in part and passed in part in November 2010:
It is interesting you had the same experience. NJ pays state benefits and Tier 1 from the latest claim before reverting to the earlier claim. They were wrong to do this. I wonder if they have since corrected their procedures.
Sadly i have had the same experience, however i remember the agent i spoke to at the unemployment office stated when the 2008 claim runs out i will be switched to the 2010, this doesnt make any logical sense to me at all, im now starting Tier II from 2008. My date of claim is from 2010 but it says 2008 on all paperwork now, when trying to get this clarified i went nowhere fast. When i was originally switching to tier II on the 2010 claim it was march of this year, but they pushed me back to tier I from 2008 in march of this year, i just dont get why all the money i earned in 2009 to 2010 doesnt matter?
......when the 2008 claim runs out i will be switched to the 2010, this doesnt make any logical sense to me at all, im now starting Tier II from 2008. My date of claim is from 2010 but it says 2008 on all paperwork now, when trying to get this clarified i went nowhere fast. When i was originally switching to tier II on the 2010 claim it was march of this year, but they pushed me back to tier I from 2008 in march of this year, i just dont get why all the money i earned in 2009 to 2010 doesnt matter?
Your earnings in 2009 and 2010 DO matter in your 2010 claim. Those were the earnings used to establish that 2010 claim.
But, under federal law, older Emergency Unemployment Compensation benefits must be paid FIRST. Look at it as the 'first in/first out' rule. Which is why the NJ paperwork indicates it is paying you under your 2008 (federal) claim. Please see my post on order of payment in multiple claims below and why that 2008 claim is still open and eligible for federal benefits.
California, as only one example, ROUTINELY pays state benefits from a 2nd claim and then puts the claimant back on the unused tier benefits from their first claim BEFORE allowing them to collect the tier benefits on their second claim.
Also, as I said to OP, you will next year be able to collect NJ Extended Benefits on your LAST claim at the higher rate. And, if Congress extends the legislation you will also be able to exhaust tiers from that 2nd claim.
New Jersey has not handled your and OP's claims correctly. They should never have put you or OP in tier benefits from your 2nd claim before exhausting tier benefits from your earlier claim.
I repeat - under federal law, older Emergency Unemployment Compensation benefits must be paid FIRST. This procedure is followed in EVERY state. NJ is now correcting its error after the fact.
I've explained all that here.
Quote:
Originally Posted by Ariadne22
Your situation occurs routinely when there are unused federal benefits from an earlier claim. This happens ALL the time. When there are multiple claims, benefits are paid as follows
Claim 1 - state benefits
Claim 1 - EUC tier benefits until new claim established
Claim 2 - state benefits
Claim 1 - EUC tier benefits
Claim 2 - EUC tier benefits
Claim 2 - EB - if eligible
Yes, you will receive whatever remains of the EUC tier benefits from your 2008 claim, and then any EUC tier benefits from your 2nd claim, if eligible and IF Congress extends the unemployment legislation into next year. Don't plan on that. Whatever tier you are collecting as of December 31, 2011, from either claim, can be exhausted into 2012, but no further tiers available without extension of the legislation.
HOWEVER, you are in NJ - which mandates Extended Benefits be paid - whether or not federal unemployment legislation is in place. So, when you have exhausted your last tier into 2012, then NJ will place you on Extended Benefits from your LAST CLAIM.
Yes, you can appeal. Your chances of regaining your higher paying benefit now are zero to less than zero. Federal law is very clear that unused federal benefits must be exhausted first. '
If you can hang on, you will eventually be placed on EB at your current benefit rate.
Quote:
Originally Posted by Ariadne22
Since you were paid EUC benefits off that claim before the end of your benefit year or establishment of a new claim, those EUC benefits must be exhausted before EUC benefits from a later claim are paid.
Last edited by Ariadne22; 08-17-2011 at 04:55 PM..
Thanks for all the explanation. Same thing just happened to me where I have to exhaust a 2008 claim first. I have one question though concerning the deadline. If I don't exhaust the tier 3 from claim 1 before 12/31 am I still eligible for the extra tiers on claim 2? Sorry to beat a dead horse but the rep was very non committal in her answer. I have a job offer but not until march 2012 so I hope ill be ok until then. Thanks again for yaalls help with this convoluted and depressing issue. Good luck toeveryone finding a job w wages they can live on and not to mention healthcare!
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
great info!
