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Fired by (retail store) in South Jersey

Discussion in 'Termination: Firing & Resignation' started by Christian, Aug 22, 2013.

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  1. Christian

    Christian Law Topic Starter New Member

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    Hi!

    I've worked for (retail store) for 6 years. I started in 2005 at a (retail store) in Florida, then transfer to a (retail store) in New Jersey around 2007 and stood there for the remainder of the time as a CSS/CSM(Customer Service Manager).

    I am married with 2 boys. My wife and me worked at the same store, up until she decided she wanted to join the military services. She went two basic and AIT(military school) on march of 2012 and was projected to not come back around november of 2012. (Retail store) gave her the 5 year deal were she can hold (retail store) for 5 years, meanwhile serving the military(to not loose her job status if she decided to come back). I started doing the single parent roll and it took me a month to realize I couldn't. I decided to talk to the store manager about the situation explaining that I will need time off and if needed, I could go back as regular associate so they can hire/move another associate to the CSM position. All I wanted is to maintain the job status with (retail store) so I could transfer when the military assigned my wife and us to a base, I could continue working with (retail store). After I had that chat with the store manager, he said he needed time to think. Five days pass by from our little meeting and I receive by mail a termination letter(which is a first for me). I was really bum about the situation but had no choice but to claim un-employment. They open a case and started recording my info and told me to send in the Termination letter that (retail store) gave me because after they finished with me, they were getting (retail store) version and decide what un-employment was going to do. I get called 3 days after that I got denied because (retail store) told them I Quit my job. I was like: well!, did you guys received the fax about the prove that (retail store) indeed fired me? And un-employment started closing the doors from that point forward. Everything that I asked unemployment told me they can't disclose any information since the decision was already made.

    I am in WOW! mode after this happen. I didn't proceed to investigate further more because I was going to relocate to another state and didn't know what to do from that point on.
     
    Last edited by a moderator: Aug 22, 2013
  2. mightymoose

    mightymoose Moderator

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    You may have some success of you get your paperwork together and physically go to the unemployment office to speak with someone.
     
  3. Christian

    Christian Law Topic Starter New Member

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    Will that be in the state(GA) that I currently reside?
     
  4. Betty3

    Betty3 Super Moderator

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    You can appeal the unemployment decision. Appeal through the UI agcy. that you contacted for your original claim & denied you. They should have your records.
     
  5. cbg

    cbg Super Moderator

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    How much time off did you ask for? There's a reason I'm asking.
     
  6. Betty3

    Betty3 Super Moderator

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    After re-reading your post, when did you apply & get denied for UI? You only have so long to appeal a decision. I'm not real clear if you were terminated currently & applied for UI or terminated 2012 (while your wife was gone for training) & applied for UI.

    Are you currently working in your new state of Georgia?

    You really didn't ask a question. Did you have a specific question? Thanks.
     
  7. Christian

    Christian Law Topic Starter New Member

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    Total time requested was 9 month. Company policy to keep job is a max of 1 year without loosing your job.
     
  8. Christian

    Christian Law Topic Starter New Member

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    I got fired on April/2012. I applied for UI in the state of NJ two weeks after mail letter termination. Got denied 3 days after I got interviewed.

    I am currently living in GA and not working at all.

    -My question is, is their such thing as getting fired by mail? If yes, within what line is legal to do so.
    -Can I appeal a UI within the current state(GA) I reside or do I have to take it to NJ since I can't personally show in NJ offices to re-appeal.
     
  9. army judge

    army judge Super Moderator

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    The appeal process is explained on the NJ UI website.

    This summarizes the NJ DOL appellate process.

    You have no more than 10 days to file the appeal.

    You may not be out of luck, but you can call the number provided and speak to horse's mouth.

    They do make certain exceptions.





    The appeal must be filed in person or by writing to a local unemployment office or the temporary disability service office within ten (10) days from the date the determination was mailed or seven (7) days from its delivery.

    If the appeal is not filed within the appeal periods, an explanation of why it was not filed within that time limit should accompany the appeal.

    An appeal that is filed late, without good cause, may be dismissed by the Appeal Tribunal.

    Appeals filed by mail should include the claimant's Social Security number, refer to the specific determination that is being appealed, and give the grounds for the appeal.

    They also do appeals by telephone:

    http://lwd.dol.state.nj.us/labor/at/content/telephone_hearings.html

    Our fax number for incoming appeals is (609) 292-2438.







    Here you go:


    http://lwd.dol.state.nj.us/labor/ui/aftrfile/appeals.html

    http://lwd.dol.state.nj.us/labor/at/content/atindex.html


     
    Last edited: Aug 24, 2013
  10. mightymoose

    mightymoose Moderator

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    Waaaaay to late to even think about an appeal. It's been well over a year.
    With that time lapse I don't believe you will find any unemployment assistance.
     
  11. cbg

    cbg Super Moderator

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    Nine months is longer than they are required to give you by law, company policy notwithstanding. It is far too late to appeal the unemployment decision.

    An employee can, quite legally, be fired by phone, mail, email, text message, telegraph, Fedex, singing telegram, carrier pigeon, or smoke signal. There is no restriction on the means by which an employer can communicate a firing, or almost anything else, to his employees.
     
  12. Christian

    Christian Law Topic Starter New Member

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    I appreciate this info as I've work in multiple companies and wasn't aware of this "tools" that companies have which I consider unsecured and unstable as this can be lost.
     
  13. Betty3

    Betty3 Super Moderator

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    Agree/concur with cbg.

    Have you not been working at all anywhere since you were terminated 4-2012? It's definitely too late to appeal an UI decision made 4-2012. Sorry.
     
  14. Christian

    Christian Law Topic Starter New Member

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    Army Judge:

    I appreciate all the information. I'm very late to do this process but it is well taken information for future reference. Thanks!
     

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