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McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
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What Is the Appeals Process if My Unemployment Application Got Denied?

Applicants who are initially denied may appeal their claims to the Appeal Tribunal of the New Jersey Department of Labor within seven days of delivery, or ten days of mailing, of the Notice of Determination. Applicants may request an extension if they can show good cause, for example an unforeseen situation beyond the applicant’s control. The Appeal Tribunal will then schedule a hearing which usually takes place over the phone.

Applicants should include a brief explanation of why they should receive benefits and may submit their appeal in person, by fax or by mail. Throughout the process, applicants should also be actively seeking work just as they would if their application was approved so that they may be eligible to receive retroactive benefits; if successful, claimants may receive current and retroactive benefits to compensate for the time of the initial denial.

A claims examiner will mail a written decision to the parties including the applicant, former employer, witnesses, representatives and attorneys, based on their sworn testimony and other evidence presented at the hearing. If the applicant has still not been approved, he or she may appeal to the Board of Review, the New Jersey Appellate Division and the New Jersey Supreme Court, respectively.

Related FAQs

  • Is my employer required to give me a severance package?

    New Jersey law does not require severance packages, but some employers offer them in the context of separation agreements; always ask a lawyer before signing a separation agreement.

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  • What qualifies for medical leave?

    You can take an unpaid medical leave of up to 12 weeks if your employer has 50 or more employees and you have worked there for at least a year.

    Read More
  • I need to take off for a medical leave. What are my rights?

    FMLA guarantees you the right to take an unpaid medical leave of up to 12 weeks due to your own illness or family caregiving obligations.

    Read More
  • What is employee misclassification?

    Employee misclassification is when employers incorrectly label workers as independent contractors rather than employees to avoid paying taxes and other payments.

    Read More
  • What is employment law?

    Employment law includes a wide variety of issues ranging from all areas of the employers and employee relationship. It includes the laws and rules regulating relationships between employees and employers.

    Read More
  • How do you prove wrongful termination?

    If your contract lays out grounds for termination the employer cannot fire you on other grounds. The contract itself can help prove wrongful termination by showing the grounds acceptable for termination and any policy or procedure articulated for termination.

    Additionally, to show that wrongful termination occurred you must show that you engaged in a protected action and that the protected activity was the reason for the termination.

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  • What is wrongful termination?

    Wrongful termination arises when an employee believes the employer illegally fired him or her. This occurs when an employee is fired and that firing breaches an employment contract or employment law.

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  • What Are the Federal Guidelines for Overtime Hours and Pay?

    According to the FLSA, employers are not limited in the number of hours they may require employees to work. However, it does require employers to pay employees time and a half for any hours of overtime worked in a week. Another common misconception is that employees who work over eight hours in a day must receive overtime compensation. This is not so; the FLSA only requires that employees be paid overtime for any hours worked in excess of 40 in a week.

  • Can I File for Unemployment if I Am on Strike?

    In New Jersey, workers involved in labor disputes may have the option to file for unemployment. This legislation allows striking workers to collect these benefits if their employer breaks the stipulations outlined in their employment contract or collective bargaining agreement. Additionally, employees could be entitled even if the disagreement is not related to their company’s refusal to follow the employment contract’s terms. There is a mandatory 30-day waiting period for filing claims.

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  • What Are Discriminatory Interview Questions?

    Employers who ask questions during interviews that would reveal information pertaining to protected characteristics without having a job-related basis, and then use that information to make their decision, are violating state and federal discrimination laws. Sometimes inappropriate questions are easy to recognize such as, “How old are you?”, while others are less obvious. For more information on discriminatory interview questions, click here.

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    Employment Law

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732-842-6500
    732-530-8545
    [email protected]

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856-985-9800
    856-263-2450
    [email protected]

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973-878-9040
    973-310-5216
    [email protected]

Office Locations

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
  • 732-842-6500

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
  • 856-985-9800

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
  • 973-878-9040

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