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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12942
Experience:  Significant experience in all areas of employment law.
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I am told by other employees that my boss is getting ready

Customer Question

I am told by other employees that my boss is getting ready to fire me; i haven't done anything wrong or ever been written up by him , he continues to give me more and more work from another employee that resigned due to undue stress from him talking about other employees and giving her stress (he is denying her claim for benefits ) it is a small company i have worked hard without on boarding or direction my employees have confirmed I am responsive and have done a great job. confidentially i am told he wants to hire a new manager to fill my role and the role of the employee that resigned. he is nit picking on my work and unreasonable. if he fires me can i collect or will i be penalized f
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
JA: Anything else you want the lawyer to know before I connect you?
Customer: i dont think so
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

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

While an employer in this circumstance typically has the right to end the employment relationship, due to the fact that employment is "at will" absent an agreement to the contrary in NJ, the terminated employee should have no trouble getting approved for unemployment benefits. This is so because in order to be denied benefits the employer would have to establish that the employee was terminated for reasons amounting to "misconduct," which is defined generally as conduct evidencing a willful or reckless disregard for the interests of the employer. This is a very high standard. Things like showing up to work drunk, stealing or cursing at customers are good examples of misconduct.

Ultimately it's up to the unemployment office and not your employer whether you were terminated for misconduct, and here it is very clear that misconduct is not the reason you are being let go. Therefore, your odds of getting approved for unemployment are extremely high.

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 *

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Expert:  Patrick, Esq. replied 1 month ago.

Are you online with me?

Expert:  Patrick, Esq. replied 1 month ago.

The system is telling me that you are online but I am not seeing a response to my answer. Can you please let me know if you are able to view my answer to your question?