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I have been denied unemployment because my boss lied and said I "walked out" and quit (untrue). How can I fight/win an appeal?

Hackensack, NJ |

I was given an ultimatum to either sign an false warning letter or accept termination. I accepted the termination, filed for unemployment, only to find out that I was denied because boss claims he never said I would be terminated & I just decided to leave because I was upset. I have all documentation to prove all information in warning letter false/invalid. Boss also clearly stated to unemployment that they violated the Homeland Security I9 they submitted for me, and did not verify who I was(claims I gave no ID which is false) or if I was eligible for work, they just signed and submitted. I am 100% a US citizen(born here). What are my rights & what can I do to assure I am granted the unemployment that is rightfully due to me?

Attorney Answers 2

Posted

The below response is for informational purposes only and is not meant to be legal advise regarding your specific situation.

You need an attorney who is experienced in defending an employee’s right to collect unemployment benefits. More facts are needed to better evaluate your case. Such as the exact wording of the warning the employer wanted you to sign, the circumstances that gave rise to the warning and what transpired when your employer demanded that you sign the warning.

Most firms, including mine, charge a modest flat fee for Appeal Tribunal hearings. It is in your best interest to have an attorney represent you wit regard to your appeal. An experienced employment attorney, such as myself, can greatly increase your odds of receiving benefits. An attorney will submit a legal brief advising the Tribunal Examiner of the relevant law, how the law applies to your case and why the circumstances of your separation from employment do not disqualify your from receiving benefits. The brief may also include any documentary evidence in your possession which supports your position. The hearing is essentially a mini trial and an attorney will be permitted to elicit testimony from you, cross examine the employer and give a closing argument.

Arykah A. Trabosh, Esquire.
Office: 856.874.9090
direct: 856.298.1540

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.

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Posted

You must file an appeal with the unemployment agency within the time limit provided. Appeal instructions should be included in the denial letter, but it is usually as simple as writing " I appeal" and faxing the form to the number provided. Once your appeal is timely filed, a telephone hearing will be scheduled. You do not need an attorney to represent you at the hearing. However, I strongly recommend you seek legal counsel. Your benefits will depend on whether the hearing officer decides you quit before attempting to work things out or whether the employer did not give you an option. An attorney will better understand the issues and ask the right questions to demonstrate your entitlement to benefits.

A full legal opinion and firm recommendations can only take place in a formal consultation with an attorney. These are my general thoughts given the limited information presented and for the purposes of this online forum only. No attorney/client relationship exists.

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