Legal Question in Employment Law in New Jersey

I have been collecting NJ Unemployment for a year now (1/2010). When I called unemployment office to confirm that for my 1 year anniversary, I was accused of working while claiming benefits. The problem is that starting in Nov. 2008 due to the bad economic conditions, my company couldnt make payroll. So when we were all laid off at the end of january 2009 the company said they would get us the money from 2 missed payrolls as money came in. Problem is the company put the money owed as it was paid out through May 2009 as wages earned. Couldnt they have designated that money as something else so it wouldnt be an issue with unemployment. I think I got it cleared up, but just dont want any legal issues or unemployment fraud. THe main issue is that I didnt claim that money that i received from my old company as income when i filed for unemployment, but why would I as it was money owed from weeks already worked. The question on NJ claim states have you worked between these dates...and I just answer no cause technically im laid off. I just recieved monies for work already performed. One of the payroll checks is technically from Nov. 2008, how can the company designate that as 2009 income? isnt that illegal? any insite would be appreciated.

Asked on 1/21/10, 6:56 am

Locksley Wade Law Office of Locksley O. Wade

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The payment that you received subsequent to your filing and collecting UIB should be reported as income.

Answered on 1/31/10, 8:17 am

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