Legal Question in Employment Law in New Jersey

I have a part time employee working about 25 hours per week. she is on partial unemployment from her last full time job that laid her off. as of 3/31/10, she has been out from work for roughly 10 days. i think she is taking advantage of the unemployment insurance. i questioned her and she stated she called unemployment and they will pay her for her sick days when she calls in sick from me. i contacted unemployment, and they said that is not true, if she is not ready and willing for work, she would not get paid. they told me i would have to give my name to them and report her.

i asked them if they could just send me a form to fill out to give the hours she is working and they will see she is not working the hours that are available and is taking money from the system.

it is a shame that people take advantage, but is there anything i can do? she is taking off again two days this week, and is getting paid by unemployment for it.

she feels this is okay to do. i think she needs to know you have to work or look for work to get unemployment insurance from the state.


Asked on 8/09/10, 1:38 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

This is not really a legal issue but one of management. My experience has been that an employee who witll cheat the government or a former employer will do the same to you when the opportunity arises. There are plenty of people who need the work. If it were me, I would fire her for cause and oppose any unemployment application that would affect you. The hearing officer has to take notice of her actions. /p/ See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/14/10, 7:14 pm


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