By Dylan Wier
Being unemployed during the time of an intense economic crisis are one of the hardest situations to endure as well as to resolve. The recovery process is entirely dependent on the state of a country's economy as well as on the political resolution that leaders are waving on the face of the crisis.
The United States is one of the developed countries that received hard blows when Wall Street and the Lehman Brothers collapsed. With this, the US government branching on the 50 federal states all over the country has opened up a new opportunity for those to get on their feet and recover from the state of economic crisis that they are in by allowing them to sign in for unemployment insurance and benefits. This will allow the unemployed to have economic confidence while they are looking for a new job.
In the case of most US federal states, the recipient of unemployment benefits will receive monetary payments every week and needs to follow the eligibility requirements to continuously receive financial assistance. For those questions regarding how to calculate the monetary rates or amount of payment that they will receive from the state, they can check on the Department of Labor website of their specific state.
One thing that a recipient needs to remember is that although unemployment benefits are excluded and exempted from being taxed, there are still states that require them to still be subjected to taxes imposed on their income and implement the rules regarding the payment of taxes during the reporting of their income. The state of New Jersey for example advised their constituents and those who want to sign up for unemployment benefits that to help make up for future liabilities on taxes, one may choose to voluntarily allow the 10% of their unemployment benefits to be withdrawn and paid directly to the Internal Revenue Service.
Dylan Wier is an expert on Sign Up For Unemployment [http://www.unemploymentqualifications.net/signupforunemployment.php]. Please visit my site at Unemployment Qualifications for the latest information.
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The Unemployment Benefits Process
By Joseph Devine
If you have been dismissed for reasons outside of your own control, you may be entitled to unemployment benefits. Naturally, your former employer will probably try to drag his or her heels over the situation, since a successful unemployment benefits claim against them will increase the unemployment insurance they will have to pay for the rest of their employees. This means that you may have to fight your previous employer in order to receive your benefits.
Normally, if you've been fired for misconduct, you are unable to receive unemployment benefits. If you were fired for drug or alcohol use, theft, failing to show up at work, or violating a written company policy, you may be unable to collect unemployment benefits. The usual rule of thumb for determining if you were fired with undue cause is if you were fired through no fault of your own. If you believe that you were fit this standard, then you may be entitled to unemployment benefits.
The first step is to apply for the an unemployment insurance benefits claim, usually by applying for them in person, placing a phone call or filling out an online survey. You will have to answer questions about your employment history and the circumstances surrounding your termination. After you have filled this out, your former employer will also be contacted and asked to tell his or her side of the story. Many employers will try to avoid being culpable for unemployment benefits, so it may be your word against theirs. They can be expected to protest your claim.
If they do try to deny your claim, you may want to go to the unemployment office in person for an interview. You will probably talk to someone in an official capacity about your firing, and you'll be able to explain in person your side of the events. You will be able to respond to any claims made against you by your erstwhile employer. The official will make a decision based on the information. However, either side may appeal this decision.
In an appeal, both sides are able to present an additional response to the unemployment office, usually with a 30 day window. The final decision will be made in court by a qualified judge. This process is very similar to a trial, and you may want to consider hiring an employment attorney to represent you.
For more information about employment law, visit austinemploymentattorney.com.
Joseph Devine
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Your Rights as an Employee in New Jersey
by Thomas Smith
With unemployment rates nearing 10% nationally, many uncertainties face our labor force respecting job protection rights, and what rights an employee is entitled to following a termination.
Unless you are a member of a labor union, or covered by a collective bargaining agreement, or employment contract, you may, in New Jersey, generally hired and fired at the will of your employer. That is, you can be fired with, or without cause. For example, an employer can fire an employee for a specific reason or simply because the employer does not like the personality of the employee.
However, discrimination in the workplace based on age, race, creed, color, nationality, disability or handicap is prohibited. An employee who is terminated because he or she is in one of the protected classes, may pursue a claim for wrongful termination through the New Jersey Division on Civil Rights, or by filing a lawsuit in State or Federal Court. In either case, money damages, including back pay may be awarded, as well as job reinstatement. If you believe you were a victim of discrimination, and lost your job, the time to act is now, as there are specific, short time limitations in which to pursue and protect your rights.
CEPA, the Conscientious Employee Protection Act, prohibits an employer from taking any retaliatory action, including discharge, against an employee who discloses or threatens to disclose illegal activity of an employer, or who cooperates with outside agencies investigating such activity or who refuses to participate in illegal activity. An employee, who is discharged in violation of CEPA, may file a lawsuit against the employer seeking money damages.
An employee may have rights under a collective bargaining agreement if they belong to a labor union that sets forth the circumstances permitting a job termination, as well as rules and procedures for ending the employment relationship. If an employer fires an employee in violation of such an agreement, the union will generally file a grievance pursuant to the procedure set forth by the agreement. Back pay, other money damages and job reinstatement may be obtained on the employee's behalf.
Whenever an employee is terminated from employment, whether voluntarily, or involuntarily, the employer must pay the employee all wages due no later then the next regular pay day. If part of an employee's regular pay is based on an incentive system, the employer must pay a reasonable approximation until the exact computation is due.
Employees who were covered under a group health insurance plan are offered the option to continue coverage, at the group rate for a period of time following their termination. Currently, due to the Federal Stimulus package, an employee can continue group coverage for up to 9 months at 35% of the monthly cost of such coverage.
Certain employers are required under Federal Law to provide 60 days advance notice of plant closing or mass layoff. Failure to do so subjects the employer to penalties payable to each employee who suffers an employment loss, as well as continued benefits. New Jersey law requires similar notifications and includes those affected by a transfer of operations.
New Jersey law does not require severance pay to employees who are involuntarily terminated from employment. However, often times employers will offer severance pay either as a show of good will, gratitude for an employee's hard work, or as incentive for the employee to leave voluntarily. In exchange, employees are often requested or required to execute an agreement releasing any claims arising out of the employment against the employer. The employee may obtain the assistance of a lawyer in reviewing such severance agreements. Certain requirements are necessary for enforcement. Generally, releases must be written in clear and simple language. They must give the employee the right to seek legal counsel. Certain claims, such as under the Older Persons Worker Protection Act must specifically be stated and knowingly and voluntarily waived by the employee.
Regardless of what is stated in such an agreement, an employee cannot waive certain rights or claims against the employer. For example, an injured worker's rights for benefits under the New Jersey Workers' Compensation Act cannot be waived or released. Thus, an employee who suffered personal injuries while working may have legitimate claims for benefits following the termination from employment.
Although your employment may not be secure, we hope that this article helps you understand what rights you have if you find yourself faced with termination of employment. Always contact a lawyer with expertise in labor and employment law to resolve any questions, or to ensure you are protected.
About the Author
Thomas Smith is a lawyer, partner and head of the Labor and Employment Department of Pellettieri Rabstein & Altman. For more information, visit http://www.pralaw.com
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Payroll New Jersey, Unique Aspects of New Jersey Payroll Law and Practice
By Charles Read
The New Jersey State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:
Department of the Treasury
Division of Revenue
50 Barrack St. CN 248
Trenton, NJ 08648-0248
(609) 292-6400
(800) 323-4400 (in state)
http://www.state.nj.us/treasury/revenue
New Jersey allows you to use the Federal W-4 form to calculate state income tax withholding or the New Jersey form "NJ-W4 Employee's Withholding Allowance Certificate".
Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In New Jersey cafeteria plans are taxable for income tax calculation; taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.
In New Jersey supplemental wages are required to be aggregated for the state income tax withholding calculation.
You may file your New Jersey State W-2s by magnetic media if you choose to.
The New Jersey State Unemployment Insurance Agency is:
Unemployment and Disability Insurance
John Fitch Plaza
P.O. Box 912
Trenton, NJ 08646
(609) 633-6400
http://www.nj.gov/labor/mainpages/employer.html
The State of New Jersey taxable wage base for unemployment purposes is wages up to $24,300.00.
New Jersey requires Magnetic media reporting of quarterly wage reporting if the employer has at least 100 employees that they are reporting that quarter.
Unemployment records must be retained in New Jersey for a minimum period of five years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.
The New Jersey State Agency charged with enforcing the state wage and hour laws is:
Department of Labor
Division of Labor Standards and Safety Enforcement
Office of Wage and Hour Compliance
225 E. State St.
P.O. Box 389
Trenton, NJ 08625-0389
(609) 292-7860
http://www.state.nj.us/labor/mainpages/employer.html
The minimum wage in New Jersey is $5.15 per hour.
The general provision in New Jersey concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40-hour week.
New Jersey State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:
* Employee's name
* Employee's date of birth
* Employee's address
* Employee's social security number
* Employer's name
* Employers address
* Employer's Federal Employer Identification Number (EIN)
This information must be reported within 20 days of the hiring or rehiring; every 15 days on mag media. The information can be sent as a W4 or equivalent by mail, fax or electronically. There is a $25.00 penalty for a late report and $500 for conspiracy in New Jersey.
The New Jersey new hire-reporting agency can be reached at 888-624-6339, 877-654-4737, or 609-689-1900 or on the web at http://www.nj-newhire.com
New Jersey does not allow compulsory direct deposit
New Jersey requires the following information on an employee's pay stub:
# statement of total wages and deductions
New Jersey requires that employee be paid no less often than semimonthly; monthly for exempt employees.
New Jersey requires that the lag time between the end of the pay period and the payment of wages to the employee not exceed ten days.
New Jersey payroll law requires that involuntarily terminated employees must be paid their final pay by their next regular payday (by mail at employee's request) and that voluntarily terminated employees must be paid their final pay by the next regular payday or by mail if employee requests it.
Deceased employee's wages must be paid when normally due to the surviving spouse, children 18 or over, guardian of minor children, parents, siblings, or person paying funeral expenses (in that order).
Escheat laws in New Jersey require that unclaimed wages be paid over to the state after one year.
The employer is further required in New Jersey to keep a record of the wages abandoned and turned over to the state for a period of 5 years.
New Jersey payroll law mandates no more than 40% (less for some workers) of minimum wage may be used as a tip credit.
In the New Jersey payroll law there is no provision covering required rest or meal periods.
New Jersey statute requires that wage and hour records be kept for a period of not less than one year. These records will normally consist of at least the information required under FLSA.
The New Jersey agency charged with enforcing Child Support Orders and laws is:
Department of Human Services
Division of Economic Assistance
Office of Child Support and Paternity Programs
State Services
Box CN 716
Trenton, NJ 08625
(877) 655-4371
http://www.njchildsupport.org
New Jersey has the following provisions for child support deductions:
* When to start Withholding? First pay period ending after postmark date.
* When to send Payment? Payday
* When to send Termination Notice? "Promptly"
* Maximum Administrative Fee? $1 per payment.
* Withholding Limits? Federal Rules under CCPA.
Please note that this article is not updated for changes that can and will happen from time to time.
Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years, the last fifteen in private practice. Mr. Read is the author of "How to Start a New Business".
For Professional Payroll services at a Budget Price go to http://www.PayrollonaBudget.com a Paperless Payroll Company.
Go to http://www.CustomPayroll.com For a full service payroll service bureau with CPA's on staff.
See an excerpt of Mr. Read’s interviews from William Shatners "Heartbeat of America" television show on the websites linked above.
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