I am a tenured public school teacher in Paterson, Nj., who had occasion to file handicap discrimination charges against my district. The district retaliated by filing tenure charge against me and has suspended me without pay for a maximum period of 120 calendar days pending the outcome.
Question: Am I eligible for unemployment benefits during suspension period? Thank You.
Confused
I am an employer in California. That being said, if you were available to work then you should be able to file to get UI benefits. The proof is on the employer to show that you do not qualify for benefits, in other words, through Misconduct, etc. Filing a discrimination charge is not misconduct, and since you have not been paid wages in 4 months, I think you will get a favorable decision…well, if you were in California.
Since you are in NJ…YMMV…but if you’ve filed discrimination charges before, what’s the harm in filing for UI? Even being temporarily unemployed may grant you UI benefits, but only if you apply for them.
Why don’t you call the local unemployment office and find out for sure?
Chefguy calling unemployment won’t help the OP. The OP would be told that they would have to speak to an examiner who will determine your eligibility. The people in the call centers are not able to say if you can collect or not if you stop working for any reason other than lack of work.
I do agree that the OP should file for benefits as soon as possible because if the OP is approved benefits will only start from the week the claim is file
In addition, immediately contact the state and federal EEOC office. Retaliating against a discrimination charge is serious.