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Articles Posted in Unemployment Benefits

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NEW JERSEY SUPREME COURT AFFIRMS THE HEAVY BURDEN EMPLOYERS MUST SATISFY TO ESTABLISH THAT THOSE WHO WORK FOR THEM ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES.

In East Bay Drywall, LLC v. Department of Labor & Workforce Development 2022 N.J. LEXIS 671 (2022) the New Jersey Supreme Court reaffirmed that an alleged employer must satisfy each element of the ABC Control test to establish they properly classified their workers as independent contractors as opposed to employees. N.J.S.A.…

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AN EMPLOYEE WHO VOLUNTARILY QUITS WORK IN THE FACE OF REASONABLY IMMINENT DISCHARGE MAY QUALIFY FOR NEW JERSEY UNEMPLOYMENT BENEFITS.

If you are unemployed and you left your New Jersey job because you reasonable believed you would be fired or laid off, you may still be eligible for unemployment benefits. Generally, employees who voluntarily quit working may not qualify for unemployment benefits because “the purpose of the New Jersey Unemployment…

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PRETRIAL INCARCERATION DOES NOT NECESSARILY DISQUALIFY A CLAIMANT FROM RECEIVING UNEMPLOYMENT INSURANCE BENEFITS

In Haley v. Bd. of Review, DOL, 2021 N.J. LEXIS 223* (Decided March 17, 2021) our New Jersey Supreme Court held that pretrial detention is not an absolute bar to receiving unemployment compensation benefits for the time following dismissal of the criminal charges and release from detention. Based on the…

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FURLOUGHED NEW JERSEY WORKERS MAY BE ABLE TO CONTINUE TO RECEIVE UNEMPLOYMENT BENEFITS IF THEY REFUSE AN OFFER OF EMPLOYMENT OR REEMPLOYMENT WHICH COMES WITH A SUBSTANTIAL WAGE REDUCTION

The unemployment rate in the United States has soared to 14.7%, the highest since the Great Depression of the 1930s, and is expected to continue to increase. In just the past few weeks alone, more than 1 million people have filed unemployment claims in New Jersey. In response to this…

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