NJ Unemployment Appeal | The Timing of Your Appeal and Representation

By Thomas McKinney
Partner

You have received a notice from the New Jersey Department of Labor that your unemployment claim was either denied or that you are being forced to repay the unemployment that was previously provided to you.  The first thing that you should do is respond to the determination and inform the Department of Labor that you wish to appeal the decision.  It is crucial that you do this so that you do not miss the deadline to file your appeal.  In the event that you do miss the deadline, this can be fixed by demonstrating a reason for the untimely filing.

You are permitted to be represented by an attorney at your New Jersey Unemployment Appeal hearing.  There are various advantages to having our employment lawyers represent you at the hearing.  First, we will prepare you for the hearing and submit the necessary documentation and law outlining why you are entitled to unemployment or are not required to repay the unemployment.  Second, we will participate in the New Jersey Unemployment Hearing with you.  This will allow us to ask you directed questions that are specifically engineered to demonstrate that you are entitled to unemployment.  We will also be able to cross-examine any witness that is being presented by the employer to demonstrate that the reasons proffered to the Department of Labor that resulted in your denial are inaccurate or false.  Finally, we will be permitted to provide a closing argument regarding why you should receive your unemployment benefits.  This allows us to provide concise statement regarding why you should receive unemployment.  An unemployment hearing can be an intimidating experience and you may wish to have a NJ Unemployment Appeal specialist with you to assist and prepare you.

Please contact one of our NJ Unemployment Appeal attorneys to discuss your matter.  The consultation is free and confidential please call us at 973-920-7888.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.