Unemployment Compensation Benefits
Unemployment benefits are available to those who have lost their job through no fault of their own. If you are a resident of Pennsylvania or New Jersey, you pay into your state’s unemployment compensation system as a form of insurance should you lose your job. Nevertheless, employers sometimes try to prevent you from collecting unemployment benefits to which you are entitled. The attorneys at the Law Offices of Eric A. Shore understand the nuances of the unemployment compensation system and can help you fight back and collect the benefits that you need to bridge the gap until your next job.
To qualify for benefits in Pennsylvania
You must be unemployed or working reduced hours through no fault of your own. This is called a “qualifying separation.” Generally, you have a “qualifying separation” if you are laid off due to lack of work. Some separations, however, are disqualifying. In Pennsylvania, you are not eligible for benefits if you voluntarily quit your job without cause of a necessitous and compelling nature, or you were discharged or suspended for willful misconduct.
To qualify for benefits in New Jersey
You must also be separated from your job through no fault of your own. In other words, New Jersey law says that you cannot voluntarily quit your job without “good cause connected with the work.” This means that your reason for leaving must be directly related to your job and be so compelling that you had no choice but to leave the job. If, on the other hand, you were fired or discharged from your job, the discharge might be classified as “misconduct,” and you may be disqualified from collecting benefits. There are three basic types of misconduct: simple, severe, and gross.
A “simple misconduct” disqualification results from things like insubordination, lateness, or absences with no written warnings from your employer. Examples of “severe misconduct” are the use of drugs/alcohol on the job, repeated violations of a company rule, repeated lateness or absences after receiving a written warning from your employer, destruction/theft of company property, or misuse of benefits. A “gross misconduct” discharge occurs if you were fired for any reason that is serious enough to be considered a crime of the first, second, third or fourth degree, and may result in disqualifying you from collecting benefits indefinitely. In New Jersey, each level of misconduct carries with it its own disqualification period.
The experienced attorneys at the Law Offices of Eric A. Shore can help. Contact us online or call 1-800-CANT-WORK today.
In some cases, unemployment compensation benefits may not be right for you.
• If you are unable to work due to an injury suffered on the job, you may be entitled to Workers’ Compensation.
• If you are unable to work for more than a year, you may be entitled to Social Security Disability Benefits.