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I was a director of HR and was terminated after working a year

 
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Customer Question

I was a director of HR and was terminated after working a year and a half. Reason is because the position really required that the HR person speak Spanish and I do not. Anyway...I have been collecting unemployment for 3 months. I found a position that was advertised as a Staff Trainer and Evaluator at not much more than I receive on employment...but I want to work and hoped that if the company saw my expertise...would qualify me for more money. After accepting the position, I was placed to work in the COLLECTIONS DEPARTMENT for a minimum of one month. I tried doing it, but it is very stressful as it is calling defendants out on bail (and their co signers) that they owe the company money. I tried it for three days and after being cursed out, screamed at, and hung up on....it is not a job for me. I spoke with the Operations Manager and explained my discomfort and was told that "she figured it wouldnt be for me" and said that she understood. That was my last day.

Now it is time for me to claim Unemployment Benefits for that week and I am afraid that because I quit, I may not be eligible for my continued unemployment benefits. I certainly will claim that I worked the three days when I file this week. My former benefits were based on a position making $80K for over a year and a half. This position paid $20/hour. I know that if I don't report that I worked for those three days, I could eventually get it trouble with unemployment. However, if I do.l report this $480 of earnings, I may be disqualified for continued benefits that I desperately need.

Please help.

 

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State/Country relating to question: New Jersey

Already Tried:
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Submitted: 290 days ago.
Category: Employment Law
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  Barrister replied 289 days and 23 hours ago.

Hello,

Thank you for using JA. You definitely would have to report the earnings as it could disqualify you for future benefits if you do not. Whether they would disqualify you from continuing benefits for the voluntary quit would be up to the particular examiner who is assigned to your case. A person is not required to take a job that is far below their skill level or previous compensation so if you are denied benefits, you can appeal and argue that the position you worked was deceptively advertised and you were forced to work in a position that was not as described and was far below your skill level. It would be patently unfair to advertise for a doctor and then make them do janitorial work and then penalize them for quitting due to the deception.
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Equitably they should agree to allow your benefits to continue since you made a good faith effort to seek employment, but to be perfectly honest, it is probably a coin flip as to whether they would allow you to resume collecting benefits.
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Thanks.

Barrister

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Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 96.5 %
Accepts: 1052
Answered: 7/15/2012

Experience: 13 years practicing attorney

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Customer replied 289 days and 23 hours ago.

Thank you for the response. If I am denied continued benefits, it certainly dissuades others from accepting work if there is ANY question. That is a shame.

Thanks again for your response.

 
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