When an unemployment decision is appealed, the decision of the lower level can be affirmed or reversed. If a decision is affirmed, it means that the lower level decision was found to be correct. There are several levels of appeals that can take place in the unemployment process.
The adjudication center is where the claims examiners are located. All unemployment hearings are conducted by phone. There are no in-person hearings for unemployment until you reach the New Jersey Superior Court Appellate Division. There are several adjudication centers in the state.
If an unemployment decision is not favorable you may appeal, which means to ask a higher agency or court to reverse of the previous decision. If it is unfavorable to your employer, they can also appeal.
The intermediate division of the New Jersey Superior Court. The appellate division hears appeals from Board of Review decisions.
The Appeal Tribunal is the first appeal level, and they will hold a hearing if the fact-finding determination is appealed.
Appeal Tribunal Hearing
The Appeal Tribunal hearing is the second telephone hearing and will be held if the fact-finding determination is appealed. This hearing often has the employer on the phone at the same time as you and can include witnesses and cross-examination. This is the last telephone hearing you will have in the unemployment process.
The base year is used to determine how much you will receive from unemployment. You must have worked at least 20 weeks in which you earned $168 in the base year or you must have earned at least $8,400 to be eligible. To determine your base year, you can check http://lwd.dol.state.nj.us/labor/ui/calc/needqualify.html.
A brief is a legal document prepared by an attorney that describes your arguments with regard to eligibility for unemployment
Board of Review
The Board of Review is the final appeal level in the Department of Labor. The Board of Review hears appeals from the Appeal Tribunal.
The claimant is the person applying for unemployment benefits.
Claims examiner interview
The Department of Labor may schedule you for a claims examiner interview. In this interview, a trained claims examiner will ask you and your employer important questions regarding your employment and your separation from employment to determine whether you should be disqualified from benefits.
In some cases, an employer will agree to pay an employee through a certain future date despite not requiring the employee to continue working. You are not eligible for benefits while receiving continuation pay.
The deputy is the New Jersey Department of Labor employee assigned to conduct the fact-finding hearing.
After a fact-finding, a determination is written by the deputy based on the law and facts stating whether you are eligible or not.
There are several types of disqualifications from unemployment benefits. The most common disqualifications are due to voluntarily leaving work without good cause, simple misconduct, severe misconduct, and gross misconduct. Receiving a disqualification either delays or completely bars an employee from collecting unemployment.
The fact-finding is the first step in the unemployment process. A fact-finding is automatically scheduled when you apply for unemployment if you state the reason for separation was due to discharge or quit. If the employee states that they were laid off and the employer agrees, then no fact-finding will occur and benefits will be granted if you are otherwise eligible.
This is defined as committing an act that would be considered criminal in the 1st, 2nd, 3rd, or 4th degree under the New Jersey Code of Criminal Justice. If you are found liable for gross misconduct, you will be completely barred from collecting unemployment until you work in new employment for eight weeks and make ten times your weekly benefit rate.
At all unemployment hearings, the deputy will ask the claimant several questions to confirm their identity. Common information requested includes social security number, date of birth, and address.
There are three types of misconduct under the unemployment statute – simple, severe, and gross.
A monetary interview can be scheduled for a variety of reasons and are to confirm that you have made enough earnings and to determine how much you will receive in benefits.
Notice of Monetary Determination
After you apply for unemployment, you will receive this document, which shows your weekly benefit rate if you successfully secure unemployment benefits.
Notice of Receipt of Appeal
Once the Appeal Tribunal receives your appeal, you will receive a notice stating that they have received it.
Notice of Telephone Hearing
After receiving the Notice of Receipt of Appeal from the Appeal Tribunal, you will receive a notice informing you of the date and time of your hearing. All hearings take place over the phone. There are no in-person hearings.
In some rare instances, you can receive an overpayment. The state will require any overpayment to be paid back to the state unless you can prove that you were in fact entitled to all payments you received.
This is defined as a wanton or willful disregard for the employer’s interest or intentional violation of an employer’s rules or policies. If you are disqualified due to simple misconduct, your benefits will be delayed eight weeks from the date of your application for benefits.
Some employers will pay employees a specific amount of money upon the dismissal or discharge of the employee. This can affect your unemployment if it is considered continuation pay.
There are several actions that constitute severe misconduct, however, it is defined as behavior that is malicious and deliberate (ie. repeated violations of a company rule, falsification of records, misuse of time, etc.) If you are found liable for severe misconduct, you will be completely barred from collecting unemployment until you work in new employment for four weeks and make six times your weekly benefit rate.
Unemployment expects that all people who apply for benefits will accept a suitable job when it offered. If you are offered a suitable job and turn it down you may not be eligible for benefits for that week and two weeks thereafter.
All unemployment hearings for unemployment are conducted over the phone. You will receive a notice stating the date and time of any hearings.
If you collect any unemployment benefits it is later found that you were not entitled to or eligible for those benefits for any reason, then you will be sent an unemployment refund notice. This notice will ask you to pay back a specific amount of benefits that have already been paid out.
A disqualification for voluntary quit occurs when an employee leaves their job without good cause attributable to the work.
Weekly Benefit Rate
The weekly benefit rate is the amount of money you will receive from unemployment if you are successful in your claim.