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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12945
Experience:  Significant experience in all areas of employment law.
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Have an unemployment claims interview scheduled for tomorrow

Customer Question

have an unemployment claims interview scheduled for tomorrow morning and was looking to see what to expect. I noticed that if I am ruled fired for misconduct you do not receive benefits. The explanation for why I was terminated was news to me. I was shocked when I saw it since it was after the fact when they told me I was being let go for job performance. Not sure how to handle this.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: NJ
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I did reach out to HR a week before about concerns with other employees and their conduct and job performance and feel that I was incorrectly terminated especially when I just found out that one of the employees was fired for what I had informed HR about.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

"Misconduct" is a high standard, which generally requires showing that the employee engaged in behavior with an intentional or reckless disregard for the interests of the employer. Ordinary "performance issues" generally will not satisfy the definition of misconduct, provided the employee was making a good faith effort to do their job. So, what you'll typically want to do during your interview is emphasize how you were not fired for anything done intentionally or recklessly to hurt your employer. If you were let go because of a complaint you made to HR, it is extremely unlikely that would give rise to a finding of misconduct, so you probably do not have much to worry about.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not 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. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Expert:  Patrick, Esq. replied 2 months ago.

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....