New Jersey Unemployment Appeal

New Jersey Unemployment Appeal

 

Jobless workers who have been denied NJ unemployment benefits have the right to appeal the decision made by the New Jersey Department of Labor and Workforce Development.

NJ Unemployment insurance appeals process

The appeals process provides individuals with an opportunity to challenge the denial and potentially receive the benefits they are entitled to. Perhaps you feel your unemployment compensation is incorrect. It’s always a good idea to use the New Jersey unemployment calculator to estimate your benefits so you know what payments to expect.

The most common reason to appeal is because your claim was denied for eligibility reasons such as wrongful termination. The reasons for denial may include insufficient earnings or work history, misconduct or violation of company policies, or failure to meet New Jersey UI eligibility requirements.

To file an appeal, individuals must submit a written request within 10 days of the decision, including the reason for the appeal and any supporting documentation. The appeal is then reviewed by an appeals examiner, who will schedule a hearing to hear the evidence presented by both parties. The hearing is typically conducted by telephone, and the decision is based on the evidence presented during the hearing. If the decision is still unfavorable, individuals have the option to further appeal to the Board of Review or the New Jersey Superior Court.

How to file an unemployment appeal in New Jersey

You must file a written appeal within 7 days after delivery, or within 10 days after the mailing of the determination. However, if you need more time, you can request an extension by showing good cause for the delay. Good cause exists if the delay was due to circumstances beyond your control.

You can file your appeal by mail or by using the online form.

Appeal by mail

Your letter should include your name, Social Security number, telephone number, and address, along with your reasons for disagreeing with the unemployment benefit determination. If you are filing your appeal late, be sure to explain the reason for the delay.

Mail to:

New Jersey Department of Labor
Appeal Tribunal
PO Box 907
Trenton, NJ 08625-0907

File an appeal online

To file an appeal online, visit the NJ online appeal page. you will need to fill out two pages of information. Click on Claimant filing an appeal and complete the first page of the application form.

After you have completed the application form, be sure to review all of the information on the submission page. Once you have reviewed your information, click the “Submit” button at the bottom of the page. Remember that if you do not click “Submit,” your appeal will not be filed.

A confirmation page will appear to confirm that it was filed. It is important to print a copy of this page and keep it for your records. You will also receive a copy of the confirmation information by email. If you do not see the confirmation page, then your appeal was not filed.

If you have any additional questions about filing your appeal, please feel free to email the NJDOL at appealtribunal@dol.nj.gov.

While you are waiting for the appeal hearing, it is important to continue to certify for weekly UI benefits. This will ensure that you receive credit for these weeks, pending the results of the hearing. It is also important to report to any appointments that are scheduled, as failure to do so may result in the loss of your unemployment benefit, even if you win your appeal.

Registering for your appeal

If you have an Appeal Tribunal hearing coming up, all parties involved will be notified of the scheduled date. To attend the hearing, you must register in advance using the online registration form. The hearing can either be conducted in person or over the phone. If the reason for the hearing is related to your employment, your employer will be notified and may participate.

You can represent yourself, or you can hire an employment lawyer to represent you at your own expense. If you need more time to prepare for the interview, you can request a postponement with advance notice. You may also ask your employer to produce documents related to your eligibility for benefits, and request statements from witnesses who have firsthand knowledge of the case. During the hearing, you or your representative will have the opportunity to question your own witnesses, present documents, and provide a closing statement.

Telephone Hearing

Individuals who cannot attend the hearing in person can request to give their testimony over the phone, which may be granted at the appeals examiner’s discretion. The hearing can include testimony from all parties, witnesses, representatives, and attorneys over the phone.

Board of Review

If you disagree with the decision of the Appeal Tribunal, you can file another appeal to the Board of Review.

The final administrative decision of the Department of Labor is made by the Board of Review, and no further administrative appeals are available. However, any interested party to a Board of Review proceeding may seek judicial review of the final decision by submitting a written appeal within 45 days of the decision’s mailing date.

Mail your appeal request to:

Clerk of the Appellate Division
Superior Court of New Jersey
Hughes Justice Complex
PO Box 006 Trenton, NJ 08625-006

For more information regarding Board of Review appeals, call the New Jersey Appellate Division at 609-815-2950 ext. 54720 or email Webmaster.Mailbox@njcourts.gov.

Why was my New Jersey unemployment claim denied?

Did you apply for New Jersey unemployment and receive a denial notice? Receiving unemployment insurance benefits is dependent on meeting certain requirements. If you leave your job voluntarily without a good reason related to the work, you will be disqualified for benefits.

If you are terminated for misconduct, your disqualification will last for the week in which the misconduct occurs and the following five weeks.

Other reasons for disqualification include:

  • Failure to apply for or accept suitable work without a valid reason
  • Earned income for the week that is higher than your weekly benefit amount
  • Failure to attend required meetings
  • Failure to provide requested documentation
  • Unemployment due to a labor dispute
  • Committing New Jersey unemployment fraud
  • Full-time attendance at an educational institution without an approved job training program

In order to make accurate determinations about a claimant’s eligibility, the Division relies on employers to provide truthful information about separation issues. Employers are requested to participate in the initial fact-finding interview by phone and should provide complete and accurate information.

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