Did You File a UI Appeal in NJ?

October 5, 2020 2:02 PM

I have to appeal a determination of ineligibility for unemployment in NJ. I believe this was a simple error, but I'm nervous about how it will go, how long it will take, whether I need to hire a lawyer. If you have appealed (successfully or otherwise), how did it go? How was the telephone hearing? Did you have representation? How long was the process? Thank you!
posted by anonymous to Law & Government (2 answers total)

From the employer side:

I'm the one at my work who responds to the unemployment notices. I don't have experience with the NJ process specifically, but I do with NY, PA, IL, TX, and a smattering of other states. Unless there's a fundamental difference with the forms/response process with NJ, it's hard to make a "simple error" on my side to deny your benefit. There are too many pieces that would have to goof together. However, it IS easy for someone to be ineligible because of fact, even if we don't want to deny benefits.

Here are some possible reasons:
1. HR screwed up and got you totally mixed up with another employee who was fired for cause and provided inaccurate information to the state. (In my mind not a simple error--a BIG error.)
2. You stated your last day of paid work was August 30 because that was the date of your final paycheck, but your workplace reported August 31. Claim denied because you can't apply for benefits before your last day of work.
3. You stated last day of work was August 31 but you received a severance payment two weeks later. You and workplace both agree on final day of employment but the state can see that you received pay after that last day.
4. I suppose it's possible that there's a drop down on a form with NJ and someone error clicked fired for cause instead of lack of work/layoff or something. States I'm familiar with you have to give additional color if you choose for cause, but perhaps NJ is different in this vital way. That would indeed be a simple error.
5. Your workplace is being SHADY and you should be on guard.


A coworker and I were both dubiously fired for cause from a job many years ago and were denied unemployment benefits. I didn't contest it because I didn't have any documentation to counter the reasons that were given when I left. But the specific load of crap they fed my coworker he actually DID have written evidence was fabricated, and he did contest the denial of bens. This was one that fell squarely in my possibility #5 above. He faxed a pile of emails to the state a week prior to the appeals call. He was on the actual call with the state of IL and HR from that workplace. HR was unprepared, could only provide emails dated AFTER they fired the guy, and straight up tried to lie their way through the call. My coworker basically just sat there and said yes or no. Decided in his favor.

Long story short, you are in the best position to determine if you think your workplace has the capacity to be shady as hell. Likewise, think back--is your HR a bunch of bumbling idiots? Maybe they did get you mixed up with another employee. If your employment ended for reasons that are textbook acceptable for getting on unemployment, then this is about all I can think of for what might have happened.

Hopefully someone with more specific experience of being PART of that appeals process will chime in with better info for you. Good luck!
posted by phunniemee at 2:32 PM on October 5, 2020

I appealed successfully. I did not have representation, and the hearing lasted less than an hour. I received the decision (by mail) about a week later and received funds within a couple of weeks.
posted by Four-Eyed Girl at 2:32 PM on October 5, 2020