There is no generic answer. The last poster was correct-whether a non-compete is enforceable against you is state specific and the facts need to be reviewed to determine the possible enforceability of the agreement. You can feel free to contact me off line to discuss. Beth Lincow Cole, Esquire, LLC 6000 Sagemore Drive – Suite 6301 Marlton, NJ 08053 Phone: 856.355.2980 www.blclegal.com
If the Appeal Tribunal's decision is in your favor, the employer has the right to appeal to the Board of Review. However, this appeal will likley be decided on the facts already in the record. Appeals to the Board of Review are based on legal argument and most Board of Review appeals are decided on the Appeal Tribunal record without another hearing. Based on information provided, another hearing sounds unlikely, unless other circumstances are presented. Good Luck. The response given is not...
Appeal on the basis you disagree with the determination and the determination is based on inaccurate facts. Be sure the appeal is filed timely. You will receive a date for a telephone hearing. Prior to the telephone hearing, documents can be submitted and during the hearing they will hear testimony. The determination will be based on the evidence and sworn testimony presented during the hearing. Attorneys can participate in the hearing and in my experience representation is recommended.
Be sure to appeal the determination within the allowed time period. More facts are needed, but based on the facts conveyed there are arguments that can be made to support your position.