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Beth Lincow Cole

Beth Cole’s Answers

4 total

  • What are the limits of an NDA with Non-Compete?

    In January, I lost my job with a computer software company that markets advertising software.The most likely opportunites for me are with competitors. I have 20+ years experience in advertising sofware, but 3.5 years with prior company. I'm not ge...

    Beth’s Answer

    There is no generic answer. The last poster was correct-whether a non-compete is enforceable against you is state specific and the facts need to be reviewed to determine the possible enforceability of the agreement.
    You can feel free to contact me off line to discuss.

    Beth Lincow Cole, Esquire, LLC
    6000 Sagemore Drive – Suite 6301
    Marlton, NJ 08053
    Phone: 856.355.2980

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

    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 ...

    Beth’s Answer

    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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  • NJ Denied Unemployment for Severe Misconduct.

    I was terminated for an accounting error with a company that I worked for for 10 years on something that I was trained to due/handle by my former director. I was denied benefits based on severe misconduct that my company said I "falsified company ...

    Beth’s Answer

    Appeal on the basis you disagree with the determination and the determination is based on inaccurate facts. Be sure the appeal is filed timely. You will receive a date for a telephone hearing. Prior to the telephone hearing, documents can be submitted and during the hearing they will hear testimony. The determination will be based on the evidence and sworn testimony presented during the hearing. Attorneys can participate in the hearing and in my experience representation is recommended.

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  • NJ unemployment is asking us to pay back $14,500 because of part time job.

    NJ unemp. asking us to pay back $14,500 because while on unemployment my husband had to leave a part time 8 hr a week job in order to go to school to learn a new trade to get off unemployment. The part time job couldn't accomodate the hrs my husb...

    Beth’s Answer

    Be sure to appeal the determination within the allowed time period. More facts are needed, but based on the facts conveyed there are arguments that can be made to support your position.

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