What is the NJ Unemployment Appeal Process? When your employer challenges your unemployment claim, you might be frightened. You lost your job, and now your employer attempts to cut off your life-line before you can find a new job.
This post describes the steps in an unemployment appeal. The steps are: (a) the Claims Examiner Interview; (b) the Appeal Tribunal; (c) the Board of Review; and (d) the NJ Appellate Division.
The Claims Examiner Interview
The NJ Unemployment process begins with the claim examiner interview. The unemployment claims examiner asks basic questions about your employment. She or he asks questions about your start date, job title, job responsibilities, rate of pay, and the reason you were told you were terminated.
During this initial interview, you must explain why you believe you lost your job. For instance, if your employer discriminated against you or laid you off, you should explain this to the examiner.
If the claim examiner rules against you, you have a short time to appeal. The unemployment appeal should be filed immediately.
Unemployment Appeal: The Appeal Tribunal
The Appeal Tribunal hears an unemployment appeal from the claim examiner’s decision. The Appeal Tribunal hosts a full hearing. You, your attorney, the employer, and the employer’s attorney can all participate. It resembles a trial. There is direct examination and cross-examination. There are also closing statements. Unlike a trial, the rules of evidence do not control. It is very important to have legal counsel for this step of the proceedings.
Unemployment Appeal: The Board of Review
If the Appeal Tribunal rules against you, all hope is not lost. You will file the next step in the unemployment appeal process to the Board of Review. The Board of Review examines the record from the Appeal Tribunal. It determines whether a mistake was made. Sometimes, the Board of Review sends the matter back to the Appeal Tribunal for a new hearing.
Unemployment Appeal: The New Jersey Appellate Division
If you lose at the Board of Review level, you will file to the New Jersey Appellate Division. An unemployment appeal in the Appellate Division follows the same procedure as if you had appealed a case in the Superior Court. It is essential to have legal representation at this step. The Appellate Division rules are sophisticated.
Ronald J. Wronko is experienced in handling unemployment appeals. He has fought and won for clients in such matters. If you believe that you require representation for an unemployment appeal, please contact him at 973-360-1001 or request a case evaluation.