I was terminated by my employer in December 2011 for what they termed was "violations of the code of conduct," after being employed there for four years. My job performance was stellar but I didn't have the greatest relationship with my manager. I refused to accept a write-up for a minor disagreement with my manager after he accused me of something I didn't do I told him it was minor and not important while we had outages going on. I was written up for that. I requested a neutral HR referencing open door policy and i discarded the write up and called HR. I was then terminated for this. After collecting UI for 5 mos, I received an appeal for "severe msiconduct" hearing is next wk. If I lose, would possibly I be eligible for waivers? reference: http://bit.ly/NaCZUA and http://bit.ly/MYnT2z
You need an attorney who is experienced in defending an employee’s right to collect unemployment benefits. While your description of the events leading up to your termination does not strike me as severe misconduct, a more thorough evaluation is needed. The fact remains that you simply cannot afford to lose the hearing, as, in my experience, the Department of Labor RARELY grants waivers.
N.J.A.C. 12:17-14.2(a) sets forth three limited circumstances under which a waiver of recovery may be granted: 1) where the claimant is deceased; 2) where the claimant is disabled and no longer able to work; or 3) where the recovery of the overpayment, as determined by the Director with the Controller’s concurrence, would be patently contrary to the principles of equity.
Most firms, including mine, charge a modest flat fee for Appeal Tribunal hearings. It is in your best interest to have an attorney represent you at the hearing next week. An experienced employment attorney can greatly increase your odds receiving benefits. An attorney will submit a legal brief advising the Tribunal Examiner of the relevant law, how the law applies to your case and why the circumstances of your termination do not amount to severe misconduct. The brief may also include any documentary evidence in your possession which supports your position. The hearing is essentially a mini trial and your attorney will be permitted to elicit testimony from you, cross examine the employer and give a closing argument.
Feel free to contact me should you have any further questions regarding your Appeal Tribunal hearing.
Arykah Asheley, Esquire.
You should consult an attorney for individual advice regarding your own situation. The use of this website for communications with Arykah Asheley, Esquire, will not establish an attorney-client relationship.
I agree with Ms. Asheley, but I would add, that based upon your description of the events leading up to termination, there may be a possible wrongful discharge claim if the company did not follow procedures set forth in its employee handbook regarding rights upon termination. So if you seek a consultation with an employment attorney about the DOL hearing, I would also ask if you have a Wrongful Discharge case. This sometimes also creates a better negotiating position if you do have a case.
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