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Old 07-09-2013, 11:19 AM
 
13 posts, read 23,655 times
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I will make this short and to the point.

I got hired at this company. The HR guy was not there and so I did not sign any formality paperwork or W4's or anything really. I put myself in the computer (because of my job) and I will be paid by ADP. I do not know if this is illegal for a company to do.

I work there for 2 weeks and was let go. I have over a year of base weeks from my previous job so that fulfills my base week requirement. I filled out that i was let go due to 'poor job performance' which is what they told me. My previous jobs i quit voluntarily. Will this claim be valid? They are partnered with the NJ labor board so I doubt they are gonna want to do anything that revokes their certification backing.

Also I doubt they know anything about how to handle unemployment because of the fact that only about 10 people are employed in this place and everyone else has quit voluntarily. I am probably the first to get let go (due to company being bought by new owners) ever here.

Also I already created a claim on NJUIFILE. Just want to know what you guys think. Thanks
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Old 07-09-2013, 11:54 AM
 
16,709 posts, read 19,432,101 times
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If you never filled out any State or Federal paperwork, you were not an employee there, as far as the DOL is concerned.

Have you gotten paid? If you haven't gotten paid already, I highly doubt you will get paid now.

If you do, you could try to take your paycheck for that two weeks to the DOL and tell them the situation.

Why did they fire you so soon? Did you complete something they needed done quickly and then they didn't need you anymore?

This is bizarre.
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Old 07-09-2013, 12:01 PM
 
13 posts, read 23,655 times
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I will be getting paid and the owner said I will be in the system. They are a partner of the NJ Labor board. I was doing bookkeeping there and PAYROLL. So i know all the passwords and i have access to my timesheets and everything. My brother also works there and they are keeping him.

They just changed their mind about wanting someone with more experience and they just fed me that story. This is why I can't really see them lieing or doing anything that would go against.

They have to pay me, if the small odd chance that they do not, then I file a report with NJ Labor Dept. to have them investigated.
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Old 07-09-2013, 12:24 PM
 
16,709 posts, read 19,432,101 times
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I guess the answer to your question is, because you never filled out Federal or State paperwork, you were never an employee. You say yourself they've never fired anyone before. Looks like you were their Guinea Pig to a new way of hiring for them.

I would go to the DOL now and report the activity.
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Old 07-09-2013, 12:27 PM
 
13 posts, read 23,655 times
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Well the place is owned by a group of Indians. So that would explain a lot. They told me they were gonna keep me part time. My brother was working there 2 weeks before me and they finally had him sign paperwork but not me.
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Old 07-09-2013, 12:29 PM
 
14,500 posts, read 31,102,094 times
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I'm 99% sure that you won't get UI in NJ. While poor performance is not disqualifying, you don't have the 8 x WBA to purge the disqualification from the quit of your other job.

Unless you can establish a "good cause" quit from that other job, there's not a lot of hope.
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Old 07-09-2013, 12:33 PM
 
13 posts, read 23,655 times
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Quote:
Originally Posted by Chyvan View Post
I'm 99% sure that you won't get UI in NJ. While poor performance is not disqualifying, you don't have the 8 x WBA to purge the disqualification from the quit of your other job.

Unless you can establish a "good cause" quit from that other job, there's not a lot of hope.
My understanding of it is they just use your prior jobs to establish a base year for your wages to see if your qualified. I never heard of having to get 8x WBA unless you get fired for direct cause like misconduct.
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Old 07-09-2013, 12:36 PM
 
14,500 posts, read 31,102,094 times
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It's a quirk of NJ law. We've been through it on this site. Many states let you quit a job for a new one, and still get UI when it's very short term. Unfortunately, NJ is not one of them.
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Old 07-09-2013, 12:41 PM
 
13 posts, read 23,655 times
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Quote:
Originally Posted by Chyvan View Post
It's a quirk of NJ law. We've been through it on this site. Many states let you quit a job for a new one, and still get UI when it's very short term. Unfortunately, NJ is not one of them.
Well that is really weird then. I guess i wont be hoping for much. Will see how it plays out, since i have nothing to lose. Thanks for the info.
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Old 07-09-2013, 12:49 PM
 
16,709 posts, read 19,432,101 times
Reputation: 41487
Hey, seriously though, this sounds sketchy. Report them to the DOL or they will screw over someone else too.
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