NJ unemployment - quit part one job was let go of another (collect, file)

[ieatpork]

I have a situation that I haven't seen covered elsewhere so here goes. I was just recently let go of a full time job that I started at December 2015. Prior to that job, I had been working part time at another job which I had quit in August of 2015. Between August and December I was unemployed and didn't apply for benefits since I had quit my part time job and I know you can't collect UI if you voluntarily quit.

After losing my full time job (the one that I had started in December of 2015) due to being fired I applied for unemployment. When I was filling out the application they had my old part time job on file so I filled out the information for it and indicated that I had quit that job. I wasn't planning to collect unemployment on that job only the most recent one which I had been fired from. After doing all of this I got a notice from the UI office that there was a problem with my claim and that I have to attend a claim examiner interview with the reason being give 'You may have quit your job without good cause attributable to the work'. However, as I had indicated I have no intention of collecting UI on the job I had quit only on the one I was being fired from. If I explain this to the person performing the interview will they understand or is there a significant chance that I might be denied completely on UI benefits?

[Chyvan]

Originally Posted by ieatpork

I have a situation that I haven't seen covered elsewhere so here goes.

This topic has been covered. It's called "purging" a disqualification.

Originally Posted by ieatpork

Between August and December I was unemployed and didn't apply for benefits since I had quit my part time job and I know you can't collect UI if you voluntarily quit.

Irrelevant garbage. First off, there can be plenty of good cause reasons to quit a part-time job. However the time between August and December isn't important. It's the time from when you started this most recent full-time job until the day you were fired that matters. Did you work 8 weeks and earn 10 times your weekly benefit amount? If so, then you purged the disqualification from your earlier quit. Chances are that it requires no more than you submit pay stubs to prove your point.

Originally Posted by ieatpork

I wasn't planning to collect unemployment on that job only the most recent one which I had been fired from.

Whether it was your intent or not, the employers that paid you wages in the 12 month-base period eat the cost. You have no control to say, "I really liked that employer. I don't want them to pay anything towards my UI claim." If you want to do that, then don't apply for benefits or allow yourself to be disqualified.

My opinion is that if the rules allow it, you take the money regardless of who's pocket it's coming from. If your old part-time employer doesn't want to pay the cost of your UI, they have every right to call you, and tell UI, that they will accept you back with open arms, and in that case, you wouldn't be out of work anymore, and it wouldn't cost them a nickel. If they don't want to do that, there is a cost associated with that decision.

Originally Posted by ieatpork

After doing all of this I got a notice from the UI office that there was a problem with my claim and that I have to attend a claim examiner interview with the reason being give 'You may have quit your job without good cause attributable to the work'.

I think you have everything it takes to prove that your earlier quit is irrelevant and has been purged. Your bigger worry should be whether you were fired for misconduct, and you'll be unprepared for that at your phone interview because they failed to tell you about it. It's something the UI people do to catch you off guard.

Originally Posted by ieatpork

However, as I had indicated I have no intention of collecting UI on the job I had quit only on the one I was being fired from.

As I explained earlier, you don't have that choice. You either take your UI or forget it. The choice is up to you.

Originally Posted by ieatpork

If I explain this to the person performing the interview will they understand or is there a significant chance that I might be denied completely on UI benefits?

It's all or nothing.

[ieatpork]

As far as I can tell misconduct doesn't have much to do with work performance and seems to be more with gross negligence and disruptiveness, like showing up to work drunk. Me being discharged were based on me not being able to pick up certain things quick enough so my boss decided it wasn't worth the paying the money for the assistance I was offering. If I just bring that up during the interview would that be enough for me to not be charged with negligence?

[Ariadne22]

Originally Posted by ieatpork

I have a situation that I haven't seen covered elsewhere so here goes. I was just recently let go of a full time job that I started at December 2015. Prior to that job, I had been working part time at another job which I had quit in August of 2015. Between August and December I was unemployed and didn't apply for benefits since I had quit my part time job and I know you can't collect UI if you voluntarily quit.

After losing my full time job (the one that I had started in December of 2015) due to being fired I applied for unemployment. ....

'You may have quit your job without good cause attributable to the work'. However, as I had indicated I have no intention of collecting UI on the job I had quit only on the one I was being fired from.

If I explain this to the person performing the interview will they understand or is there a significant chance that I might be denied completely on UI benefits?

Doesn't matter which job you want to collect from. NJ is using a base period encompassing ALL employers Jan-Dec. 2015.

Further, unless you are guilty of severe misconduct, NJ does not deny claims. Instead, it disqualifies you from benefits for eight weeks from discharge, after which you begin to collect provided you have remained unemployed.

Provided you've worked at least eight weeks since December 2015 before being laid off, the prior quit is irrelevant. You've earned enough to purge whatever issue NJ has with that quit. You may need to provide paystubs to prove those earnings if NJ database doesn't reflect them. Not all employers report promptly.

Originally Posted by ieatpork

As far as I can tell misconduct doesn't have much to do with work performance and seems to be more with gross negligence and disruptiveness, like showing up to work drunk. Me being discharged were based on me not being able to pick up certain things quick enough so my boss decided it wasn't worth the paying the money for the assistance I was offering. If I just bring that up during the interview would that be enough for me to not be charged with negligence?

If you admit to poor performance of any kind, you are setting yourself up for an automatic 8-week simple misconduct disqualification from benefits and only on appeal might you be able to prove your failure to "pick up" on things fast enough was not intentional. Your better approach is to say you were told you weren't a good fit for the job.

NJ hands out the 8-wk dq's like candy, so be very careful not to imply anything approaching poor performance. For all you know, your employer will say nothing and you will have been the one to bring the penalty on yourself.

NJ on misconduct:

Department of Labor and Workforce Development | Requirements for Payment <br> Fired (Discharged)

We've had thousands of NJ claimants on this board. Simple MC dq's happen all the time to people who don't deserve them.