On July 2, 2010, New Jersey unemployment law was changed to make it more difficult for bad employees to receive unemployment benefits. The new law extends from 6 to 8 weeks the period of disqualification for employees fired for fired for work-related misconduct. It also creates a new category of complete disqualification for "severe misconduct."
Under prior law, employees who were fired from their jobs were completely disqualified from collecting unemployment benefits only if they committed a crime on the job. connected with the work. Now, a complete disqualification also applies to employees who are fired becuase of:
•repeated violations of an employer's rule or policy;
•repeated lateness or absences after a written warning by the employer;
•falsification of records;
•physical assault or threats;
•misuse of benefits;
•misuse of sick time;
•abuse of leave;
•theft of company property;
•excessive use of drugs or alcohol on work premises;
•theft of time; and
•other malicious and deliberate conduct.
Given this broad definition of "severe misconduct," employees who misbehave at work are risking not only their job security, but also their ability to collect unemployment benefits if they get fired. Since more unemployment claims will now be denied, and, therefore appealed, New Jersey employers must be sure to have clear documntation of objective, verifiable facts when terminating for severe misconduct.
Kiernan's Corner: Preventive Law for Employers
