Legal Question in Employment Law in New Jersey
Unemployment Benefits / Resignation
My workplace had a layoff a few months ago(they kept me). On a bi-weekly basis we are notified that we may or may not receive our pay on time. They still owe me a paycheck from April and keep saying, ''We will probably pay you next month.'' I am behind on my bills now. I travel frequently, so much that I do not have time to actively pursue another job. I cannot afford to work for free or allow my employer owe me anymore money. If I resign am I entitled to receive UI benefits? Also, two occasions while traveling, my company credit card is declined because they are not paying their bills properly. If I didn't have money I would not have been able to get home. I am afraid that the financial turmoil is getting worse and I don't want to stick around for the rest. I have a family to feed.
2 Answers from Attorneys
Re: Unemployment Benefits / Resignation
You can file a claim with the New Jersey Department of Labor, Wage and Hour Compliance. Here's a FAQ that you can review. It explains what you will need to file a claim. You can file the claim yourself or retain the services of an attorney to file it for you:
http://lwd.dol.state.nj.us/labor/wagehour/content/wage_and_hour_compliance_faqs.html#q21
Re: Unemployment Benefits / Resignation
Generally, if you quit a job, you don't get unemployment insurance. However, in this case you have a good argument that you have been "constructively discharged" due to their non-payment of wages. You should receive benefits on this basis, if not on the initial application, then after the appeal. You also have grounds to bring a Wage and Hour claim with the Department of Labor. Contact my office directly for more information.
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