Legal Question in Employment Law in New Jersey

Terminated While on LOA and collecting unemployment.

I had some issues going on in my personal life that was causing me to call out to often from work. Knowing the issues it could potentially cause, i had a set a meeting with my supervisor just to inform him about all that had been going on. On HIS suggestion, he told me about LOA, which i never dealt with before. after he explained it and told me to go and clear my head and come back fresh, i did so. i was away only a week and upon my return, my supervisor told me that coporate had made changes and it be best to look for other work. unemployment then denies me of benefits stating i voluntarily quit my job for personal reasons!! what do i do, and is this right?!


Asked on 11/26/08, 2:03 am

1 Answer from Attorneys
Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

Re: Terminated While on LOA and collecting unemployment.

No, that does not sound right at all. I assumed that you are appealing the decision to deny your unemployment compensation benefits. When you go before the hearing examinor, make sure you explain that this was a leave of absence and not a resignation. If you have any written proof (e.g. a letter to your company requesting the leave) which shows that it was a leave and not a resignation, then submit that to the hearing officer. Also, do you have any witnesses that could testify (assuming the witness would be willing to testify truthfully) that they have first hand knowledge that you were going out on leave and not resigning? You may want to retain an attorney to help you with the unemployment appeal. You can call your county's bar association for an attorney referral. Good luck.

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Answered on 11/26/08, 5:38 am


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