NJ Unemployment Claims & Appeals

An unemployment hearing occurs when an employer contests a former employee’s right to unemployment benefits. Both the employer and employee have the right to appeal any decision regarding unemployment benefits. Each state has different rules for filing appeals.

After you file a claim for your unemployment, your entitlement for benefits is determined; you may receive or be denied benefits. If either side is not happy with the decision, both the claimant and the employer have the right to file an appeal. Each state has its own regulations regarding time limits, but typically the date range for filing an appeal is 1- to 30 days from the date of the decision regarding benefits. In New Jersey, appeals must be filed within 10 days of the date of the decision’s mailing, or seven days from the date of receipt. Once an appeal has been officially filed, it lands at the unemployment department’s appeals division.

Unemployment hearings allow each party to present their own evidence and testimony to an impartial hearing officer. During the hearing, both parties will have the opportunity to state their positions. The hearing judge will then follow up with any questions and witnesses are also allowed to provide any helpful information. The information at the hearing must be directly related to whether the employee is eligible for unemployment benefits based on the state’s eligibility standards. The questions may vary depending on what issue is being disputed.

The focus of unemployment hearings revolves around the reason for termination. The cause for termination usually involves employee misconduct or a situation where an employee had to quit for a reason caused by the employer. The burden of proof lands on the person who initiated the separation.

There are two types of separation: voluntary and involuntary. Voluntary separation commonly refers to an employee’s decision to leave a job. If this is the reason for the unemployment claim, the employee must prove that they quit for a good cause that is attributable to the employer.

Involuntary separation occurs when the employer decides to terminate the relationship with the employee, either due to economic necessity or poor performance by the employee. If the employee is involuntarily dismissed, the burden of proof lays with the employer. In this case, the employer must prove that the employee should be disqualified from receiving benefits. Misconduct by the employee must be proven with extreme detail by the employer to disqualify the claimant.

If the employee is determined eligible for benefits, those benefits will be dispersed. If the decision is in favor of the employer, the employee may be required to repay all, or part of the unemployment insurance benefits that have already been paid. If the employee disagrees with the decision, they can follow an appeal to the Unemployment Board of Review.

It is possible that during unemployment hearings, the employer may be represented by an attorney. Although you are not required to have a lawyer for this process, you may be at a disadvantage if you do not. The process can be stressful and confusing. It is highly recommended that you obtain a qualified attorney to assist with the process.

Filing a workers’ compensation claim can be confusing because of the very specific laws involving claim times, paperwork that needs to be filed and different options for case resolutions. It is highly recommended that you obtain a qualified attorney if you have been injured on the job or developed an illness due to your work.

The attorneys at Davison, Eastman, Muñoz, Paone in Freehold, NJ can help you understand your rights according to the laws and help you pursue a course of action. For more information about your rights in relation to appealing unemployment benefits, call us today.