What Can I Do If I Disagree With A Denial Of Benefits?
If you disagree with a determination, you have the right to file an appeal. Your appeal rights are printed on each determination you receive. A determination becomes final unless a written appeal is filed within seven calendar days after delivery or within ten calendar days after the mailing of the determination.
To file an appeal, you may either mail or fax your appeal to the office whose address and fax telephone number are printed on the determination. Your appeal letter must include your name, Social Security number, and address. In addition, give your reasons for disagreeing with the determination and, if you file late, the reason for the delay.
An Appeal Tribunal hearing will be scheduled and all interested parties will be notified. The hearing may be conducted inperson or by telephone. If you wish, an attorney or a nonattorney may represent you at the hearing. You can also include witnesses. A decision will be made on the evidence and sworn testimony presented at the hearing.
While you are waiting for the appeal hearing, continue to claim your weekly unemployment insurance benefits by telephone or by mail. This action gives you credit for these weeks pending the results of the hearing.
If you lose the appeal, you have the right to appeal again to the Board of Review.
Your former employer also has the right to appeal determinations made on your claim that deal with the reason why you are not working and the amount of your benefits. If your employer appeals and wins, you may be required to repay all or part of your unemployment insurance benefits.
Get Help from an Experienced Employment Law Attorney
Have you been discriminated against by a potential or current employer -- as a job applicant or current employee? To best protect your legal rights you should discuss your situation with an employment lawyer. Meet with a local employment for employees attorney sooner rather than later to protect your rights.
Additional Employment Law for Employees Articles
- New Jersey Employment Law
- What is the minimum wage in New Jersey?
- When Is Overtime Pay Due?
- What Can I Do If My Employer Does Not Pay Me All The Money I Am Owed?
- How Often Must An Employee Be Paid?
- Are Employers Required To Pay Benefits (Vacation, Sick, Severance, Holiday Pay)?
- Can My Employer Fire Me Without Reason Or Notice?
- Am I Entitled To Rest Or Lunch Breaks?
- When Does An Employer Have To Pay Final Wages To A Terminated Employee?
- Are All Employees Working In New Jersey Covered By The Laws Enforced By The Division Of Wage And Hour Compliance?
- Is An Employment Certificate Required For Employment Of A Minor?
- Are Certain Occupations Prohibited For Minors?
- Are There Limits On The Hours That A Minor May Work?
- What Are The Eligibility Requirements?
- How Do I File An Initial Claim For Unemployment Benefits?
- What Is The Weekly Benefit Amount?
- How Do I File For Continued Weekly Benefits?
- Are Unemployment Benefits Taxable?
- What Will Happen If I Am Overpaid?
- What Are The Criteria That Determine Liability For Unemployment Taxes?
- As An Employer, What Are My Responsibilities For Tax And Wage Reporting?
- How Do I Receive The Quarterly Reports I Must File?
- What Specific Information Is Required From Employers On Wage Reports?
- What Are The Eligibility Requirements For A Reimbursement Account?
- How Are Unemployment Benefits Charged To My Account?