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Do I need to pay back Unemployment benefits if my employer challenges my eligibility and wins?

Tinton Falls, NJ |

I was fired from my job. My employer challenged the Unemployment claim saying I resigned. i had a telephone interview with NJ DOL. They,determined I am entitled to benefits and are sending me unemployment checks. If my employer challenges this ruling and wins, will I have to pay back the money I have already received?

Attorney Answers 5


  1. He only has a limited period of time to appeal. I think it is 20 days. It sounds like you have been receiving checks so he is probably out of time to appeal that.

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  2. It is unlikely that you would have to return the checks but your best bet is to check with an attorney who handles employment law in your area. Also, without knowing the facts in your case, it is impossible to give you a definite answer here. Please contact an employment attorney. He or she will advise you accordingly after you give him/her all the facts. Good luck.

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  3. Yes, if your employer appeals and you lose, you will have to repay all unemployment benefits you received on the claim. If you won your fact finding interview then your employer has 10 days to file its appeal. You should follow up with the Department of Labor after the expiration of the time to appeal to see if your employer in fact appealed. I say this because the Department of Labor will not immediately notify you of the appeal.

    If your employer appeals you should have an experienced employment attorney represent you at the next hearing. An experienced employment attorney can greatly increase your odds receiving benefits. An attorney will submit a legal brief advising the Departmentnof Labor of the relevant law and how the law applies to your case. The brief may also include any documentary evidence in your possession which supports your position. 

    Feel free to give me a call for a free consultation.

    Arykah A. Trabosh
    New Jersey Employment Attorney
    856.874.9090
    A.trabosh@schorrlaw.com

    You should consult an attorney for individual advice regarding your own situation. The use of this website for communications with Arykah A. Trabosh, Esquire, will not establish an attorney-client relationship.


  4. If your employer proves to the satisfaction of the hearing examiner that you were granted benefits improperly, you may well be required to pay back the state. At times like this, you really owe it to yourself to retain an employment attorney. Good luck.

    A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. arichardson@employmentlaw-nj.com Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.


  5. It is possible, but things look good for you at this point. if your employer does appeal, you should definitely have a lawyer assist you as you improve your chances of success markedly by having legal assistance. many of us offer free consultations on avvo, including myself, and would be willing to discuss your issue. good luck.