Legal Question in Employment Law in New Jersey

Hi, I have a very, very small business in NJ. The woman who has been working for me has been out extensively. I have done everything to accomodate her hours. She has told me, she has too much stuff going on to work. So she pretty much comes and goes as she pleases. I am a small business, and feel if I fire her, she will collect unemployment. I feel this is very unfair, because the work is here and available for her. She has consistently stated to me, "Do what you have to do," I guess knowing she will collect. I have called Unemployment and they stated, yes, she will be able to collect. I asked them, how could she collect if she flat out told me she is not available to work? They said she could. I am pretty much outraged by this, and would really like to know the employer rights on this. I know a lot of decent people are unemployed, and it is very frustrating that a person like this could beat the system.


Asked on 10/09/11, 12:32 pm

1 Answer from Attorneys
Usmaan Sleemi Sleemi Law Firm, LLC

It depends. Absences can constitute "misconduct" and thus disqualify an employee from receiving unemployment benefits. It really depends on the facts of the situation. I would need a lot more information from you in order to better answer this question. If you would like to discuss this matter further, please do not hesitate to contact me directly. Best of luck.

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Answered on 10/09/11, 12:58 pm


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