Unemployment refers to situations where an individual does not have a job, but is actively available to work. When it comes to those who seek unemployment benefits, there are handful of other criteria which must be considered as well. Unemployment benefits are meant to assist those who have lost a job through no fault of their own until they can find a new employment opportunity. Unfortunately, not all unemployment claims are paid out, even when the individual has a valid claim.
Today, our unemployment benefits attorneys will discuss why unemployment claims are denied, how to refute those denials, and a high level of the appeals process in New Jersey.
Common Reasons for Unemployment Claim Denial in Mercer County, NJ
Unemployment claims are generally filed with the New Jersey Department of Labor and Workforce Development. There are a handful of common issues which might cause your claim to be initially rejected, including:
- You were terminated based on misconduct – individuals who were fired for gross misconduct may not claim unemployment benefits. NJ definitions for misconduct include refusal to come to work, blatant insubordination, issues with substance abuse, and more
- You quit rather than being fired – while there are a handful of exceptions, most employees must not have quite their job to collect unemployment. Said exceptions include being compelled to quit, quitting due to relocation to follow a military spouse, and quitting due to concerns over domestic violence
- Your employment was not sufficient in duration and/or earnings to be eligible for unemployment compensation – over the previous year, all employees seeking unemployment must have earned a minimum of $8,300. Additionally, individuals must have worked for a minimum of 20 weeks, earning at least $165 per week
- You are not actively seeking employment – it may also be argued that you are refusing to seek employment or accept appropriate employment opportunities
Princeton Unemployment Attorneys Appeal Wrongfully Denied Unemployment Claims
If you feel that you pass all of the above criteria and your unemployment claim has still been denied, you might be eligible to file a formal appeal. Your Princeton unemployment attorney must help you file a formal appeal with the New Jersey Department of Labor and Workforce Development tribunal within seven (7) days of receiving your written letter of unemployment denial. Appeals may be filed by mail, by fax, or in person.
Your letter of unemployment denial, known as a determination letter, will include the reasons that your unemployment claim was denied. It is vital that you and your attorney explicitly refute the reasons for this denial and offer evidence of your counterclaims. These reasons will vary widely dependent on the nature of your circumstances and the reasons for your initial denial.
It is also recommended that you continue to seek employment during the appeals process. This is a great way to show that despite your seeking unemployment benefits, you are still searching for a replacement job in earnest. In this way, a successful appeal may entitle you to unemployment benefits dating back all the way to you initial unemployment request.
A qualified unemployment attorney will be able to help you and your family navigate the appeals process, the appeal tribunal hearing, and even a potential second appeal with the NJ DLWD Board of Review. Each step along the way requires careful preparation and adhering to deadlines and regulations. You do not need to fight this legal battle alone.
Contact our Trenton Unemployment Benefits Attorneys Today
The unemployment benefits attorneys of Kamensky, Cohen & Riechelson have helped clients recover unemployment compensation since opening for business in 1972. Our mission it to provide all our clients with top quality legal services while seeking the best possible outcome whatever the case may be. Our unemployment attorneys believe in offering service which is professional, ethical, and personal. Lean on the experience we have built through serving clients across local Mercer County communities including Trenton, Princeton, Lawrence, Hamilton, New Brunswick, and all of Central New Jersey.