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I am told by other employees that my boss is getting ready…

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I am told by...

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

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NJ

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I dont think so

Submitted: 10 months ago.Category: Employment Law
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9/6/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 10 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,388
Experience: Significant experience in all areas of employment law.
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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.

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

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Employment Lawyer: Patrick, Esq., Lawyer replied 10 months ago

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Employment Lawyer: Patrick, Esq., Lawyer replied 10 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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