MY MANAGER TOLD I WAS FIRED BUT WHEN I WENT TO COLLECT MY EMPLOYMENT BENEFITS I WAS DENIED BECAUSE MY JOB SAID I QUIT.
I am assuming that you lost your fact finding and now have to file an appeal to the Appeal Tribunal. Please be advised that in New Jersey, you have 7 days after the date of delivery or 10 days from the date of mailing to file your appeal. If you were denied benefits by the Appeal Tribunal, your time to appeal is 20 days from the date of mailing. Please ensure that you timely file your appeal.
More information is needed, such as the conditions under which the employment relationship was severed; whether you received a termination letter; why were you terminated; were witness present when you were terminated.
You need an employment attorney whom is experienced in defending an employee’s right to collect unemployment benefits. An Appeal Tribunal hearing is conducted, in most cases, over the phone. Depending on the facts surrounding your separation from employment, the hearing may come down to an issue of credibility. Meaning, the Tribunal Examiner will decide whether you should be awarded benefits based on who he/she believes.
An experienced employment attorney can greatly increase your odds receiving benefits. An attorney will submit a legal brief advising the Tribunal Examiner 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. Also, depending on the reason why your employer terminated you, the Tribunal Examiner may try to disqualify you from receiving benefits based upon misconduct. If there is a chance of disqualification based on misconduct, your attorney will address this in the brief and attack it head on at the hearing. The hearing is essentially a mini trial and your attorney will be permitted to elicit testimony from you, cross examine the employer and give a closing argument.
Feel free to contact me should you have any further questions regarding your denial of unemployment benefits.
Arykah Asheley, Esquire.
You should consult an attorney for individual advice regarding your own situation. The use of this website for communications with Arykah Asheley, Esquire, will not establish an attorney-client relationship.
Employment / Labor Attorney
You need to file an appeal. At the appeal hearing, you need to give testimony that your employer fired you. If you were given a termination letter, you should present that. A decent employment lawyer will run you $1000-$2000, depending on the case.