Unemployment Claims and Unemployment Appeals
Employees who have resigned or quit their job are generally not entitled to unemployment compensation benefits. However, if the employee quit or resigned under circumstances that gave rise to a hostile work environment, constructive discharge or otherwise establish that there was good cause to quit or resign, the employee may be eligible for benefits.
Unless an employee has quit or resigned, they are generally entitled to unemployment compensation benefits so long as they have not been terminated for misconduct in which event the employee is subject to a six (6) week penalty period before benefits are paid. Termination for misconduct requires evidence that the employee engaged in a deliberate, willful or intentional act or deliberately violated some workplace policy or rule.
Work performance or other problems relating to the employee’s job performance generally do not constitute misconduct or subject the employee to any penalty or disqualification. It is important to know how to properly file a claim for unemployment benefits and how to appeal when a claim has been denied.
To speak with an experienced New Jersey Employment Law Attorney, contact the Law Offices of Gregory S. Schaer, LLC, conveniently located in Monmouth County, New Jersey.