Preventive Law for Employers
NJ Employment Law

NJ cracks down on bad employees

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 because 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 documentation of objective, verifiable facts when terminating for severe misconduct.

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Who is Ann Kiernan?

Ann Kiernan is an employment lawyer who has been practicing law in New Jersey for more than 30 years. She represents only employers and management and regularly provides management training companies big and small. Employment law is constantly changing, and Ann is familiar how these changes affect employers. To keep up-to-date and learn what issues are currently affecting businesses and employers in New Jersey, read the blog.

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