How to win a unemployment appeal in NJ, My daughters employer fired her over the phone and then told unemployment she quit.

Asked over 1 year ago - Pennsville, NJ

She had a meeting with the managers about a situation there and they became angry and told her they were disappointed in her. Until then she was never in any trouble. After the meeting they came to her and told her she could leave for the day. They called her later in the day and told her she was fired. when she filed they said she quit. Their story is that after she left the meeting she was talking to a employee there. The owner heard her and asked her if she had heard correctly that she was quitting and my daughter said yes I am so the owner said okay I accept your resignation. The only proof we have is a record of her returning a call to them when they fired her. They sent in 3 statements from managers and 1 from the person she was talking to saying they witnessed it.

Attorney answers (3)

  1. Meghan Hayes Slack

    Contributor Level 16

    3

    Lawyers agree

    Answered . If your daughter has received a negative decision from unemployment, she should file an appeal immediately. Then she should find an attorney who can assist her at the upcoming hearing. It will be relatively inexpensive and well worth the cost. Individuals who have representation often see better results following unemployment hearings than those who do not.

    She should also gather any documentation she has. She should get a copy of her file from unemployment and request her personnel file from her former employer.

    She can search for an attorney on Avvo or contact the National Employment Lawyers Association for a referral.

    Good luck.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client... more
  2. Steven Todd Keppler

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You should contact an attorney to help you file your appeal; be advised you have a limited window to file that appeal, so I suggest you act quickly.

    Your attorney will give you the advice you need and will assist you in the appeal with the referee.

    Be advised, your daughter should keep attempting to claim UI benefits every two weeks to ensure that if she is awarded benefits, she will get the max amount.

    The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client... more
  3. Herbert J Tan

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I will add that in New Jersey, you can be denied UI benefits if you voluntarily quit or are terminated for cause. You will be penalized 8 weeks for simple misconduct.

    Based on your facts, she needs to hire counsel to handle the appeals examination portion. Remember, that you have a 10 day window to send in that notice of appeal.

    Good luck to you!

    Herbert Tan, Esq.
    E-mail: Herbert@tanlaws.com
    Website: www.tanlaws.com

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