Probationary period New Jersey

fredclearspot · February 2008

We are reviewing a policy for an office in New Jersey. The policies state that if an employee is terminated or quits during the 90 day probationary period that he or she is not eligible to file for unemployment.

This clause actually works in Fla. Does any one know about NJ?

Thanks,

P

NYGiants · February 2008

NJ state unemployment law says that to be eligible for benefits (in 2007), claimants must have earned at least $143 in each of 20 weeks or a total of $7,200 during a 52-week base period. Individuals who do not meet these requirements but who have worked at least 770 hours in the base period in employment involving production and harvesting of agricultural crops may also be eligible for benefits.

If a claimant does not have enough earnings during his or her regular base year period to qualify for a claim, earnings in other base year periods will be reviewed. For 2007, if a claimant earned at least $143 per week for 20 weeks, or a total of $7,200 in any 1-year period in the last 1¹/₂ years, he or she may qualify for benefits.

Claimants are ineligible for benefits if they:

• Left their last job without good cause. (Disqualification continues until the claimant has earned at least 6 times the weekly benefit rate in at least 4 weeks of employment.)

• Were discharged for job-related misconduct. (Disqualification continues for the week in which the misconduct occurred and the 5 weeks immediately following.)

• Were discharged for gross misconduct (i.e., a job-related act punishable as a crime). (Disqualification continues for the week in which the discharge occurred until the claimant has earned at least 6 times the weekly benefit rate in 4 or more weeks of covered employment. Wages earned with the discharging employer before the day of discharge cannot be used for benefit purposes.)

• Fail, without cause, to apply for or accept suitable work.

• Are participating in a labor dispute at their workplace.

• Receive benefits illegally because of a false or fraudulent representation.

• Are full-time students and did not earn a major portion of their base-year wages while attending school.

• Fail to demonstrate availability for work.

• Fail to actively seek work when required to do so.

• Are unable to work.

• Fail to report to the unemployment claims office or unemployment service office, as directed.

holin1 · February 2008

Can you tell me if NY law has the same eligibility requirements as NJ?

NYGiants · February 2008

NY is different. To be eligible for benefits, a claimant must have:

• Worked and been paid wages in at least 2 calendar quarters in his or her base period;

• Been paid at least $1,600 in wages in one calendar quarter in the base period; and

• The total wages in the base period must be 1¹/₂ times his or her high-quarter wages.

Claimants are ineligible for benefits if they:

• Voluntarily leave the job without good cause.

• Refuse an offer of suitable employment without good cause.

• Lose their jobs as a result of misconduct.

Note: In all of these situations, claimants are disqualified until they have earned wages equal to 5 times their weekly benefit rate.

Additional major disqualifications include:

• Making misrepresentations or false statements to obtain benefits. These claimants are disqualified for up to 80 days and may also suffer criminal penalties.

• Losing a job because of conviction of job-related felonies. Disqualification lasts for 12 months.

• Unemployment resulting from a labor dispute. Disqualification lasts for the shorter of 7 weeks or the duration of the dispute.

• Work in instructional, research, or principal administrative positions in higher education for which claimants are out of work during the school summer recess or during 2 regular terms, as long as they have offers of employment for the upcoming terms.

holin1 · February 2008

Thanks, NY Giants. That is exactly what I needed.

TXHRGuy · February 2008

I doubt that many states permit people to sign away their rights to UI coverage. It could be viewed as a coercive practice that every employer would engage in if they could, nullifying the value of the protection provided by the law in the first place. That's why you can't sign away your rights to overtime (or FMLA protection).

Let me just toss in this extra nugget: every state in the union is an employment at will state. "Probationary" usually means that the person on probation can be dismissed with or without cause and for any legal reason during the term of probation. That begs the question, "what is the relationship after probation?" If the person is an at-will employee then you need not have a period of probation. This has actually been an issue in challenging at-will status. My advice is to call it something else or get rid of any name for it at all. You don't need a code word for an employment agreement that simply stipulates a time frame during which unsuccessful employees will be ineligible for UI benefits.

pammcconnell · February 2008

[quote user="TXHRGuy"]

Let me just toss in this extra nugget: every state in the union is an employment at will state. "Probationary" usually means that the person on probation can be dismissed with or without cause and for any legal reason during the term of probation. That begs the question, "what is the relationship after probation?" If the person is an at-will employee then you need not have a period of probation. This has actually been an issue in challenging at-will status. My advice is to call it something else or get rid of any name for it at all. You don't need a code word for an employment agreement that simply stipulates a time frame during which unsuccessful employees will be ineligible for UI benefits.

[/quote]

That is a good point. I know we use the term in distinguishing between a "probationary" employee and a "regular" employee in terms of benefits and holidays. We probably should look at changing the wording in light of your nugget.

fredclearspot · July 2008

Point well taken. And we typically use the probationary period as others, which is to establish when benefits start. What I am taking from this is that the Unemployment people will make the determination sans any kind of policy in place.

thank you all.

TXHRGuy · July 2008

Fred, where have you been for the last 4 months??

By the way, Montana may be the first non-"at-will" state in the Union. They have a law about for-cause termination now.

Probationary period New Jersey

Comments