Hoe do i handle a second unemployment appeal?
Question Details:I was disqualified unemployment benefits for misconduct due to excessive absentees. I was sent a letter from unemployment stating I was penalized 5 weeks before I could get a check. I did not appeal, even though I had medical reasons, I just took the 5 weeks. Now I get a letter stating I'm not entitled to extended benefits because of that misconduct. nothing about extended benefits was ever mentioned in the first notice, if it was I would have appealed right away. Do I have a chance of winning an appeal being the first letter was misleading?
I think that you definitely have a chance, and you need to start with an on-time appeal of the denial of extended benefits. If unemployment won't accept the appeal, or if they deny it, you should hire a lawyer and take it to court; it will probably have to be taken to the Appellate Division of Superior Court, and this is most certainly not for the faint of heart, even among admitted attorneys.
Due process requires that you have notice of what is at stake, before you give up your rights; if you reasonably didn't know that you were waiving the extended benefits, on top of the 5 weeks, by not appealing the 5 weeks, my understanding of New Jersey law is that you can't be denied the opportunity for a hearing on this.
Top Ranking Attorneys
- Hong Shen 206 Answers | Points 4600 Gold Contributor
- Joseph Gasparrini 46 Answers | Points 2200 Bronze Contributor
- Kelly Broadbent 81 Answers | Points 2000 Silver Contributor
- Russ Pietryga 66 Answers | Points 1350 Bronze Contributor
- Shawn Jackson 17 Answers | Points 850 Bronze Contributor
- Glenn M. Lyon, Esq. 26 Answers | Points 780 Bronze Contributor
- Hong Shen 206 Answers | Points 10300 Gold Contributor
- Kelly Broadbent 81 Answers | Points 4000 Silver Contributor
- Russ Pietryga 66 Answers | Points 3250 Bronze Contributor
- Sharon Siegel 62 Answers | Points 3090 Bronze Contributor
- Michael D. Siegel 56 Answers | Points 2750 Bronze Contributor
- Paula McGill 50 Answers | Points 2500 Bronze Contributor
 |