Employment Law

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I am currently on short term disability and know I don't…

I am currently on...

I am currently on short term disability and know I don't want to return to my job. The atmosphere is toxic and unethical. After my short term disability runs out, would I be able to receive unemployment benefits?

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

Certainly, New Jersey

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

"at will" and full time. I've been there 11 years and I'm almost 69 yrs old

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

Only that the company I work for is unethical in it's business dealings - bribery actually.

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Answered in 3 minutes by:
12/30/2017
Thelawman2
Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 2,530
Experience: Attorney-at-Law
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Hello, my name is ***** ***** I will be helping you today.

It is very possible that you would still qualify for unemployment even if you voluntarily leave your job. In New Jersey, a worker is disqualified from benefits if the worker “left work voluntarily without good cause attributable to the work.” “Good cause attributable to the work” means a reason directly related to your job, a reason that was so compelling that any reasonable person would have made the same decision to leave. The unemployment office will look at each case separately because every work situation and worker is different. It will expect you to have acted reasonably to try and keep your job, but not to put up with unreasonable working conditions. You will have to tell the NJDOL about your work situation and convince the person considering your case that you acted reasonably in leaving your job.

Thelawman2
Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 2,530
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Customer reply replied 6 months ago
Good morning - I have another question regarding my employment situation. Would it be considered blackmail were I to suggest to my employer that it would be to their benefit, as well as mine, for them to lay me off. My office manager is aware that I have documentation showing that he paid off individuals (General Contractors and Consultants) in order to be awarded the project they were negotiating. The Owner (or End User) would have no idea that he had been ripped off/betrayed by whomever was to be looking our for their best interests.Thank you!!!!!

That could be considered insurance fraud.

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Customer reply replied 6 months ago
Good morning Lawman2 (Jim),
I apologize - I don't understand. Were I to suggest, after i complete Short Term Disability, that my company lay me off, that that could be considered insurance fraud?
Thank you.
Customer reply replied 6 months ago
insurance fraud on my part.
Thank you.

Being let go cannot be your own fault if you are going to collect unemployment insurance. So if the company lays you off at your direction so that you can make a claim for unemployment insurance, then that could be considered insurance fraud when you later make a claim.

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Customer reply replied 6 months ago
Thank you!!!
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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.

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