On December 4, 2024 I presented my annual Employment Law Year in Review seminar for the Burlington County CLE Xtravaganza, along with Janice Dubler, Esq. and Daniel Thornton, Esq. On December 11, 2024, we made our annual Employment Law Year in Review seminar for the National Employment Lawyers Association – New Jersey in New Brunswick, New Jersey.

The post Alan Schorr Presents the Employment Law Year in Review appeared first on Schorr Law | The Employment Lawyers | South Jersey Employment Attorneys.

Department of Labor Statistics
Fact Finding Hearings – Not Available

We have also compiled our firm’s statistics for calendar year 2023.
Schorr Law Results:

(Our statistics of past performance do not guarantee any future performance)

Analysis
As the success rates of unrepresented claimants continues to drop, our success at the
Department of Labor has continued at the same high levels. The statistics reflect that the
percentage of positive results obtained by our firm have been triple or better than the average of
all Appeals at every level. Our 88% success rate at Appeal Tribunals compared to the overall of
20%; and 58% success rate of the Board of Review, compared to the overall of 6% demonstrates
that the safest way to ensure unemployment benefits remains retaining an experienced
unemployment attorney for all hearings.

This year, the pandemic continued to wreak havoc with unemployment claims, which
were more valuable due the addition of the Federal Pandemic Unemployment Assistance monies.
Some Claimants have waited three years or more to have their claims resolved. The system is
hurting badly.

At the Appellate Division this year, claimants only won 3 out of 15 claimant appeals
resulting in reversal. Pro se appellants won 0 out of 7 appeals (0.00%), appellants with attorneys
won 3 out of 7 (43%). Every single pro se appeal lost. The only wins were by the Schorr firm
and Legal Services.

A large percentage of our appeals involved representation on refund requests. In 2023,
we were able to reverse $1,211,594.00 of demanded refunds.
All in all, the statistics for 2023 and the past eleven years confirm the importance of
having experienced unemployment counsel at every level of the increasingly complicated and
contentious unemployment process.

The post UNEMPLOYMENT HEARING STATISTICS – YEAR END 2023 appeared first on Schorr Law | The Employment Lawyers | South Jersey Employment Attorneys.

Many of these refunds followed a very similar pattern. To expedite the payment of benefits, the Department of Labor paid out benefits to thousands of claimants without ever making an initial determination on their claims. The Claimants received their deserved and much needed benefits. Then the Department of Labor made an initial and incorrect determination disqualifying claimants based on incomplete information.

We  have been representing these and other frantic and injured claimants on a daily basis, often doing multiple Appeal Tribunal hearings in one day. We have surpassed the $1,000,000 mark for 2021 for refunds reversed with three more months ahead of us.  If you or someone you know has received a notice of determination, notice of request for refund, or other disqualification from unemployment, we may be able to help.

The post Schorr Law REACHES AN UNEMPLOYMENT MILESTONE appeared first on Schorr Law | The Employment Lawyers | South Jersey Employment Attorneys.

Congratulations to Alan H. Schorr for being named Professional Lawyer of the Year by the Burlington County Bar Association. You can read the full announcement on the BCBA’s newsletter right here https://issuu.com/bur…/docs/the_straight_word_october_2020

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Department of Labor Statistics (years range from October to September)

Fact Finding Hearings – Not Available

We have also compiled our firm’s statistics for calendar year 2018. Schorr Law Results: (Our statistics of past performance do not guarantee any future performance)

Analysis

As the success rates of unrepresented claimants continues to drop, our success at the Department of Labor has continued at the same high levels. The statistics reflect that the percentage of positive results obtained by our firm have been triple or better than the average of all Appeals at every level. Our 95% success rate at Fact-Findings and 96% success rate at Appeal Tribunals demonstrates that the safest way to ensure unemployment benefits remains retaining an attorney for all hearings.

A major change in unemployment law this year significantly affects unemployment appeals moving forward. The severe misconduct disqualification was repealed, leaving only two tiers of disqualification, a six week postponement of benefits for misconduct and a total disqualification for gross misconduct. The definition of misconduct has also been statutorily defined for the first time. Appeals to the Appeal Tribunal for misconduct findings may increase because claimants will no longer need to fear an upgrade to severe misconduct, which happened all too often. The change of definition coupled with a new requirement that employers need to demonstrate, with written documentation, that the employee engaged in misconduct will also make it harder to disqualify claimants.

Despite an overall claimant reversal rate at the Board of Review of only 8%, we were able to achieve remands and reversals at the rate of 80%, ten times the average. At the Appellate Division this year, claimants won about 31% of their claimant appeals resulting in reversal. It still makes a big difference to have an attorney at the Appellate Division, though. Self-represented appellants won 6 out of 32 appeals (20.6%), but appellants with attorneys won 10 out of 19 (52.6%) and this firm’s success rate was 1 of 1 (100.0%).

All in all, the statistics for 2018 and the past six years confirm the importance of having counsel at every level of the increasingly complicated and contentious unemployment process.

The post UNEMPLOYMENT HEARING STATISTICS – YEAR END 2018 appeared first on Schorr Law | The Employment Lawyers | South Jersey Employment Attorneys.

For the past five years, we have requested unemployment statistics, via OPRA, from the New Jersey Department of Labor in order to compare our firm’s results with the overall averages of unemployment claimants. The summary is as follows:
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Analysis:

As the success rates of unrepresented claimants continues to drop, our success at the Department of Labor has continued at the same high levels. The statistics reflect that the percentage of positive results obtained by our firm have been triple or better than the average of all Appeals at every level. The 96% success rate at Fact-Findings and 88% success rate at Appeal Tribunals demonstrates that retaining an attorney for all hearings is still the safest way to ensure unemployment benefits.

From 2014 to 2015, the success rate at the Board of Review plummeted and has remained at very low levels. In 2016 and 2017, only 6% of claimants won appeals at the Board of Review. Most appeals to the Board of Review are returned with a form opinion stating that Appeal Tribunal was full and fair and its decision is adopted. Nevertheless, it is still required to appeal to the Board of Review before filing an Appellate Division Appeal with the Superior Court.

At the Appellate Division, claimants won about 27% of their appeals, being granted either a reversal or a remand. Claimants still fared significantly better with attorneys at the Appellate Division. Although pro se appellants won 6 out of 29 appeals (20.6%), appellants with attorneys won 7 out of 20 (35.0 %) and this firm’s success rate was 2 of 2 (100.0%).

All in all, the statistics for 2017 continue to confirm the importance of having counsel at every level of the increasingly complicated and contentious unemployment process.

The post Unemployment Hearing Statistics – Year End 2017 appeared first on Schorr Law | The Employment Lawyers | South Jersey Employment Attorneys.

Two of our attorneys, Alan H. Schorr and Jenelle L. Hubbard, scored a big trial victory in Burlington County Superior Court in October 2017.  After a grueling five week trial, the jury found in favor of our clients, Jean Wickward and the Estate of Anne Leyman.

Ms. Wickward was 61 years old at the time of her termination and had worked for the Defendant, J&S Precision, for 42 years. Anne Leyman was 73 years old at the end of her employment and alleged that she had been working for J&S Precision for over 50 years. Both Plaintiffs alleged that, despite satisfactory performance, they were terminated due to their older age. Tragically, Ms. Leyman passed away shortly after the Complaint was filed.

The jury awarded Ms. Wickward $213,321.22 and awarded Ms. Leyman’s estate $189,783.84 in compensatory damages. For more information on this case visit  The Burlington County Times Newspaper.  Congratulations to Alan, Jenelle, and the Plaintiffs on this important and hard-fought victory.

The post Schorr Law Wins Big Age Discrimination Verdict appeared first on Schorr Law | The Employment Lawyers | South Jersey Employment Attorneys.

The College of Labor & Employment Lawyers was founded in 1995 as a non-profit professional association to recognize lawyers who have achieved consistent and outstanding success in the field of Labor & Employment Law. The College is open to lawyers who represent or work alongside employers, employees, and unions. To be accepted into the College, an attorney must be nominated by Fellows within the College, submit to a thorough application process, and meet stringent acceptance requirements. In 2017, only 79 lawyers from all of United States and Canada were inducted into the College.

Alan H. Schorr formed Schorr Law, P.C. in 1993 and has been representing employees in employment disputes from the beginning. Over the past 24 years, Mr. Schorr has expanded his firm and his focus to assist more New Jersey employees and unemployment claimants. Mr. Schorr is proud of his induction into the College, which is essentially the National Hall of Fame for employment lawyers. It is a recognition of professionalism, pro bono work, and the successful struggle to advance employee rights.

Schorr Law, P.C. is located in Cherry Hill, New Jersey.

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We have just received notification that our managing partner, Alan H. Schorr, has been elected as a new Fellow of the prestigious College of Labor and Employment Lawyers and will be installed as such on November 11, 2017. This esteemed organization represents the most notable attorneys, academicians and scholars working in labor and employment law. Its mission is to set the standards for professionalism, civility and intellectual strength within this area of practice, and membership as a fellow is a recognition of the highest level of legal services. From the college’s website:

“The College of Labor and Employment Lawyers is a distinguished body of individuals drawing its membership from the best and brightest lawyers, academicians and scholars in the field of Labor and Employment Law. The collective experience, the intellectual range and the influence of its members underscore the significant contribution the College is making to the advancement of labor and employment law.”

Membership as a Fellow of the College of Labor and Employment Lawyers is a result of a rigorous nomination process and is a recognition of national leadership in the field. In order to be considered an attorney must have demonstrated significant adherence to the organization’s principles and values. Essential elements include the maintenance of high ethical standards and character; a dedication to excellence and advancement of the field; superior service to clients and treatment of legal colleagues and the courts; and significant contributions in the area of labor and employment law in the form of teaching publications or scholarship.

Alan Schorr has devoted his law practice to representing employees who have suffered work-related problems, however he has also spent countless pro-bono hours working with the legislature to make New Jersey a better place to work for all employees, not just the firm’s clients. His dedication to the profession can also be seen in his professional activities, including having previously served as President of NELA-NJ (National Employment Lawyers association) and his leadership for over twenty years as Chairman of the organization’s Legislative Committee.

The College of Labor and Employment Lawyers plays an important leadership role in the legal community. It strives through its membership to exert a positive influence in the world of labor and employment law, as well as to be an important resource for those who provide or study these legal services, to the government and judiciary, and to the public. Mr. Schorr is humbled and honored by his election and looks forward to his induction in the fall.

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For the past few years we have been requesting statistics, via OPRA, from the Department of Labor in order to compare results from our firm with the overall averages of unemployment claimants filing appeals.  For the fourth straight year, we are releasing the Department of Labor statistics and our firm’s statistics.  The summary is as follows:
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We have also compiled our firm’s statistics for calendar year 2016. Our statistics of past performance do not guarantee any future performance.

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Analysis:

As the success rates of unrepresented claimants continues to drop, our success at the Department of Labor has continued to rise. The statistics reflect that the percentage of positive results obtained by our firm have been triple or better the average of all Appeals at every level.  The 96% success rate at Fact-Findings and 90% success rate at Appeal Tribunals demonstrates that the safest way to ensure unemployment benefits remains retaining an attorney for all hearings.

During the year 2014 a dramatic shift occurred at the Board of Review level.  Suddenly, the percentage of successful appeals on all Board of Review appeals dropped significantly.  In 2012 and 2013, employers were winning Board of Review appeals at the rate of 55% or better.  Reversals for claimants were 27% during that time.  But for 2015, the rate of reversals was only 9% for claimants and only 8% for employers, and those numbers have dropped further.  In 2016, only 6% of claimants won appeals at the Board of Review.  Most appeals to the Board of Review are returned with a form opinion stating that the Appeal Tribunal was full and fair and its decision is adopted.  Nevertheless, it is still required to appeal to Board of Review before filing an Appellate Division Appeal with the Superior Court.

At the Appellate Division, it was another strong year for claimants with 32.6% of claimant appeals resulting in reversal.  This is the highest rate we have ever seen.  This corresponds with the highest level of claimants who are being represented by counsel.  It still makes a big difference to have an attorney at the Appellate Division.  Although pro se appellants won 6 out of 26 appeals (23.1%), appellants with attorneys won 10 out of 28 (35.7%) and this firm’s success rate was 2 of 2 (100.0%).

All in all, the statistics for 2016 confirm the importance of having counsel at every level of the increasingly complicated and contentious unemployment process.

The post Unemployment Year End Statistics and Analysis 2016 appeared first on Schorr Law | The Employment Lawyers | South Jersey Employment Attorneys.

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To read more, you can check out this article from the Courier-Post.

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Schorr Law celebrated the holiday season at The Melting Pot, taking a well-deserved break for cheese and chocolate (and a whole lot of other food!).

Schorr Law, P.C. wishes you a Happy Holiday Season!

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The lawsuit alleged that the Department of Corrections targeted Ms. Easley because of her whistleblowing activity and terminated her for being a victim of Sherrer’s extortion. The evidence revealed that no other victim of Sherrer’s extortion was ever investigated or punished. The evidence also showed that the Department of Corrections deliberately timed the termination Ms. Easley so that she would be removed just three months shy of her retirement in order to prevent her from collecting her full pension and retirement benefits.

The FBI investigation concluded that Ms. Easley was a victim of Sherrer’s extortion. The United States District Court adjudicated Ms. Easley to be a victim and ordered Sherrer to pay restitution. Nevertheless, the Department of Corrections accused her of being a criminal and terminated her after her cooperation with the FBI and testimony before the grand jury. Although Governor Christie had stated at the time of Sherrer’s arrest that he expected that state criminal investigative authorities would investigate the corruption at the Department of Corrections, the evidence at trial confirmed that neither the State nor the Department of Corrections ever investigated anyone other than the targeted whistleblower, Ms. Easley.

The jury awarded $265,778.00 in back pay, $1,000,000.00 in emotional distress damages and $6,500,000.00 in punitive damages.

Ms. Easley’s attorneys, Alan H. Schorr and Arykah A. Trabosh, are pleased that the jury understood and properly compensated Ms. Easley for the egregious actions taken against her. Ms. Easley is grateful that a jury of her peers confirmed that the Department of Corrections acted unlawfully in taking punitive and career-ending retaliation against her.

Schorr Law congratulates Lisa Easley, Alan H. Schorr, and Arykah A. Trabosh on their tremendous victory!

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Check back for more updates on this important case.

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Appeal Tribunal Hearings

Claimant appeals favorable – 27%
Employer appeals favorable – 36%

Board of Review Appeals

Claimant appeals favorable – 27%
Employer appeals favorable – 56%

Appellate Division Appeals (compiled from LEXIS and WESTLAW, not OPRA)

Claimant appeals favorable – 15% (7 of 48)
Employer appeals favorable – 50% (1 of 2)

We have also compiled our firm’s statistics for 2013.  For each level there are two statistics.  First, whether or not we won the hearing, and second, whether we were ultimately able to obtain benefits after appeals:

Alan H. Schorr Law Results

Fact-Finding Hearings – raw data 27/30 hearings successful – 90% success rate.
Fact-Finding Clients who ultimately received their benefits – 30/30 – 100% success rate. (This includes 3 matters that were successfully appealed).

Appeal Tribunal Hearings – raw data 34/46 hearings successful – 74% success rate.
Appeal Tribunal Clients who ultimately received or retained benefits – 37/44 – 84% success rate. (Two matters still pending)

Board of Review Appeals – raw data 3/11 – 27% success rate
Board of Review Clients who ultimately received benefits – 2/7 – 28% (4 matters currently on appeal)

Appellate Division Appeals – raw data 7/8 – 87.5%  success rate (Includes 4 matters voluntarily remanded by Board of Review)
Appellate Division clients who ultimately received benefits – 4/8 – 50%.

Analysis

(Our statistics of past performance do not ensure any future performance)

For 2013, every single client who retained us prior to their fact-finding hearing received benefits, and 84% who retained us prior to Appeal Tribunal received benefits.  After that the chances of success drop dramatically.  We believe that the statistics support our strong recommendation that every employee who applies for unemployment should be represented by counsel from the very beginning.

The statistics (admittedly small sample size, but it has been the same for years) also demonstrate that the real problem in the unemployment system is at the Board of Review.  Despite writing excellent and comprehensive briefs, our success rate at the Board of Review was no better than the generic rate.  Yet, at every other level our success rate was many multiples higher than the generic pro se rate.  We believe that the Board of Review is not reading our papers, and simply rubber-stamping the Appeal Tribunal. As further evidence of bias, note that employer appeals at the Board of Review are successful twice as often as employee appeals.

We reversed the Board of Review 7 out of 8 times, including four voluntary remands.  On three of the voluntary remands, the Board of Review used the remand to find new reasons for disqualification.  Be very careful when the Board of Review offers to remand, and insist that the remand be for the purpose of reversal.

The post Unemployment Statistics and Analysis 2012-13 appeared first on Schorr Law | The Employment Lawyers | South Jersey Employment Attorneys.

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