Can an unemployment claim be changed after the fact?

Asked about 5 years ago - Saddle Brook, NJ

I was let go from my previous employer and filed for unemployment. I received notice that they refuted the claim, stating that I quit voluntarily.

I explained the situation to the UI rep during a phone call. A week later, I spoke with the representative again, who read me a rebuttal from my ex-employer - all of which was untrue or irrelevant. I answered their questions and stated my case again, sending the rep. documentation as proof.

I was ultimately awarded benefits; "discharged without misconduct on my part" being the reason in a nutshell.

My question is, if the employer appeals, are they held to their original claim that I quit voluntarily? Or, can they now change their position and try to prove misconduct on my part instead, in response to the UI representative's decision?

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Yes they now can change their position and try to prove misconduct

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