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My computer became unresponsive, so I had to close the

Hi Pearl, My...

Hi Pearl, My computer became unresponsive, so I had to close the application. But, I am back now. I was just chatting with you about my "Claims Examiner Interview" regarding unemployment benefits. I have an upcoming interview with a Claims Examiner for NJ Unemployment Benefits. The reason for the inter view was specified as, "You may have quit your job without good cause attributable to the work". The job was full-time, at will employment. I was working for InVentiv Health, on assignment to Sanofi Pharmaceutical Company. After approximately 3.5 months on the job, I contacted my Sanofi Manager, as I was unable to contact my manager at Sanofi, as he was traveling. I told my manager at InVentiv Health that the working conditions were not what was represented when I accepted the job. I was expected to work approximately 14 hours a day and weekends in order to keep up with the demands of the physicians. This was unsafe for me, as I was becoming sleep-deprived and had to drive back and forth to the office, which was not safe. I asked my manager at InVentiv if he could intervene in order to come to some resolution, such as redistribution of work. The next day, he called me, with an HR Representative on the line, and told me that I was being let go.

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, full time. When I speak to the NJ unemployment office for my phone interview, I want to be sure that I represent the facts appropriately, as I believe that I am entitled to unemployment benefits. My phone number is(###) ###-####

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

I think that should do ti. Thank you.

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Answered in 9 minutes by:
11/16/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,829
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If HR told you that you were terminated after complaining that your job was misrepresented to you and the hours of employment were not what you were told and conditions were unsafe, then YOU DID NOT QUIT voluntarily, you were terminated. It would be a termination without good cause, as an employee is allowed to complain to their employer about conditions of employment and it is up to the employer to decide to fix those conditions or not. In this case when you complained, the employer terminated you, which they could do if you were an at will employee, but you would be entitled to unemployment as you neither voluntarily quit nor were you fired for significant misconduct.

If the examiner denies your benefits, you need to file an appeal immediately and you really need to use a local unemployment attorney (they do not charge up front and charge only a small percentage of the benefits they win for you) to pursue the appeal on your behalf as it significantly increases your chances of success in the appeal, even though it appears from the facts you disclosed that you have a solid case for arguing you were terminated without good cause as an at will employee, thus entitling you to benefits.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,829
Experience: 20+ Years of Employment Law Experience
Verified
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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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