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Appeal Tribunal in New Jersey

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  • Appeal Tribunal in New Jersey

    This is the second time my ex employer is appealing my unemployment.The first time he claimed misconduct but never called the claims examiner with the proof.I was fired on my day off for applying for a job somewhere else.I filed a grievance with my union and its still pending.What should be my next move?Is it time to hire a lawyer to help with my options?My other posts may shed a little more light on this problem.

    Thanks

  • #2
    Originally posted by frigginutz View Post
    My other posts may shed a little more light on this problem. Thanks
    Yeah, they might, if a responder has the time to go looking for them.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by frigginutz View Post
      This is the second time my ex employer is appealing my unemployment.The first time he claimed misconduct but never called the claims examiner with the proof.I was fired on my day off for applying for a job somewhere else.I filed a grievance with my union and its still pending.What should be my next move?Is it time to hire a lawyer to help with my options?My other posts may shed a little more light on this problem.

      Thanks
      I am sure someone might want to shed some light on your situation if you could keep your stories straight because there are different versions of why your were terminated (on your day off applying for a job or you asked for a vacation day to go to a job interview which you also state you let the operations manager over hear you). BTW, your employer dioesn't have to call in with proof, it is usually mailed or faxed to the UEI hearing officer and the hearing officer makes a decision based on that information.
      Somedays you're the windshield and somedays you're the bug.

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      • #4
        Originally posted by mlane58 View Post
        BTW, your employer dioesn't have to call in with proof, it is usually mailed or faxed to the UEI hearing officer and the hearing officer makes a decision based on that information.
        Untrue ... in every state except PA, if the employer is the appellant, ie requested the hearing, then the employer must offer an appearance, otherwise the appeal is dismissed. This is true regardless of the nature of the separation.

        It is my best guess that the employer has shown good cause for their non-appearance, therefore the DOL has re-scheduled the hearing.

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        • #5
          Originally posted by rjc View Post
          Untrue ... in every state except PA, if the employer is the appellant, ie requested the hearing, then the employer must offer an appearance, otherwise the appeal is dismissed. This is true regardless of the nature of the separation.

          It is my best guess that the employer has shown good cause for their non-appearance, therefore the DOL has re-scheduled the hearing.
          I know that part is true but thats is not how I took the OP's comment (that it was an appeal). The OP stated that "The first time he claimed misconduct but never called the claims examiner with the proof." The first time an employer contests unemployment, there isn't a call that I am aware of, just the submitting the documents to the UEI board to attempt to justify their stance.
          Somedays you're the windshield and somedays you're the bug.

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          • #6
            mlane, after re-reading both your posts and those of the OP, I understand your point more clearly. I agree with you that if the first instance was the initial claim process, then it is not necessary for the employer to return calls, although the failure to do so will overwhelmingly result in an award of benefits.

            I guess it was your use of the term "hearing officer" that prompted my response ...

            Comment

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