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BusinessResourceLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16
Experience:  Attorney at Law at The Business Resource Law Office
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Im on disability just lost my part time job to to

Customer Question

Im on disability just lost my part time job to to discrimination. Can I collect unemployment?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New Jersey
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Union they have not returned my phone calls yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Employment Law
Expert:  BusinessResourceLaw replied 4 months ago.

Hello, my name is ***** ***** I'm happy to help you.

In New Jersey, to be eligible for unemployment benefits you have to satisfy two criteria: 1). You are now unemployed through no fault of your own (e.g., you didn't voluntarily quit without good, work-related reasons, and you weren't fired for misconduct); and 2) You had received the required minimum amount of earnings during your "base period."

If your employment ended for a reason other than lack of work, a claims examiner will contact you for an interview to establish the facts of your termination and make a determination of your eligibility. So if you believe you were terminated (for other than job elimination) due to illegal discrimination (e.g., based on a protected characteristic such as race, age, sex, national origin, disability, etc.) then you would have an opportunity to make your case to the examiner.

The regular base period in NJ is the first 4 of the last 5 completed calendar quarters before the week you file an initial claim. During your base period you must have 20 "base weeks", or gross wages that total at least $8,400. A "base week" is one in which you earn at least $168. If you don't qualify for unemployment benefits using the regular base period, there is an alternative base period calculation that may be used by the state in determining eligibility. Because you indicate it was a part time job, you may or may not have achieved the base period earnings requirement.

If you believe that you were terminated due to illegal discrimination, you may want to consult with an experienced labor and employment attorney in your area who can explore the facts with you and determine your options.

I hope this was helpful. If you have any questions regarding the above, please don't hesitate to ask and I'll be happy to provide additional assistance. If you don't require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. I wish you the best going foward! Cheryl