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Do I win my appeal with nj unemployment if the employer does not call in?

Wall Township, NJ |

I have been collecting benefits since 10/2010. Employer appealed b/c I quit, during the first tribunal hearing the employer gets "dis-connected" at the very end of the call. The examiner postponed it. I had the 2nd hearing in december 2010, which also led into a postponemtent from the examiner (in my favor) to try and get my HR records from company. I tried doing so, was denied by the company, had a witness on my side that still worked at the company during the 2nd hearing. The 3rd hearing was 1/2011 and the employer never called in..Now this hearing was to be human resources, their lawyer, and boss...Do I win by default?? I was told by the examiner that they have the right to appeal again but it goes higher up in the courts..Do I have to worry about appeal after appeal??

ok..So the examiner told me when the employer didn't call in to still collect my benefits, and if they appeal it is "out of his hands" and goes to higher up in the ourts. A week later I get another postponement!! stating the employer witness was unexpectedly unavailable allowed by the examiner. Now, I feel there is some sort of bias, why wouldn't I have gotten a call that day? The letter went out that day, he told me something completely different than allowed a 3rd postponement. How many times can an appeal be postponed?? All of my letters state no furthur postponements will be granted,yet the examiner keeps doing this..I called in and did everything I had to, the company(that's appealing) is playing games..please help..

Attorney Answers 1

Posted

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 intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice.

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