Attorneys Robert W. Smith and Christopher J. Eibeler

Unemployment Appeal Process

Unemployment Appeal Process Initial Determination

An applicant’s claim for unemployment benefits will be examined by a deputy of the Department of Labor, Unemployment Division. The deputy will review the facts in connection with the claim for unemployment benefits, including the applicant, documents submitted and a telephone hearing with the applicant and the previous employer. The deputy may request further information from the applicant or the employer prior to making the determination as to whether the applicant qualifies for New Jersey unemployment benefits. Information that an employer may need to provide the deputy can include the reasons other than lack of work for the separation, whether the applicant is receiving a company pension or wages after their last day of work and whether the separation of employment is temporary and has a definite date of recall. If the employer fails to respond to an information request of the deputy, the employer will be prohibited from appealing the initial determination or other subsequent appeals.

Appeal Tribunal

An applicant has the right to appeal the initial determination of the deputy to the Appeal Tribunal of the New Jersey Department of Labor. The applicant must file his or appeal to the Appeal Tribunal within seven calendar days after delivery of the deputy’s initial determination or within ten calendar days after the mailing of the deputy’s initial determination. The appeal period can be extended if the applicant shows good cause for the late unemployment appeal. Good cause includes the situation where the applicant shows that the delay was due to circumstances beyond his or her contract and which could not have been reasonably foreseen or prevented.

After the Appeal Tribunal receives notification of the appeal, an Appeal Tribunal will then schedule a hearing, usually telephonically. All parties, witnesses, representatives and attorneys will then participate by providing sworn testimony on the day of the hearing. A claims examiner will then make a decision based on the evidence presented at the hearing and based upon New Jersey unemployment laws.

Board of Review

If the applicant loses the appeal, he or she may then appeal the decision to disqualify them from receiving unemployment benefits to the Board of Review. The Board of Review may affirm, remand, modify or set aside the decision of the Appeal Tribunal on the basis of previously admitted or additional evidence or misapplication of New Jersey unemployment law.

Judicial Review

The decision of the Board of Review is appealable to the New Jersey Appellate Division and then to the New Jersey Supreme Court.

DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Client Reviews
★★★★★
We had a wrongful termination issue combined with a denial of unemployment insurance. Chris Eibeler was our primary attorney. His partner Bob Smith also consulted and gave us good advice. They were both so kind, caring, and professional. They guided us though a very tough time and a positive outcome versus a prior employer. They were also able to reverse our denial of unemployment insurance. I cannot recommend Smith and Eibeler highly enough. The entire staff is very professional, personable, and caring. Tom Wilson
★★★★★
I went to Smith Eibeler LLC for a last minute unemployment matter. Chris, Diane and his staff were very professional and easy to talk to. They provided knowledgeable insight and also kept me in the loop with the what was happening. I would not hesitate to go to him again. John Jung
★★★★★
Chris Eibeler (and the whole team) is very knowledgeable in all aspects of employment/unemployment here in NJ. They break down the most difficult aspects of the law, which allows you to conceptualize and better understand the complexities of the NJ Labor & Employment system. Smith Eibeler should be your first call regarding any Employment, workforce, or Labor questions here in New Jersey. I highly recommend them. Brian Allen
★★★★★
I approached Chris Eibeler regarding an unemployment case in early 2016. Him and his staff are some of the most professional people I have ever dealt with. The process took a while, but his approach to hard questioning helped me win my case. He knows how to get the job done and I am glad I went to him. I would recommend him to anyone in the future who asks for a lawyer. Thank you Chris! Tim F.
★★★★★
I highly recommend the office of Smith Eibeler for employment related issues, particularly anything related to restrictive covenants or post-employment contracts. I found Smith Eibeler via the web and cannot believe how fortunate I am to have found them. My case was handled by Bob Smith who represented me in a potential lawsuit by my former employer for violation of a post-employment contract (not a restrictive covenant per se). Bob was professional, friendly, understanding, and above all extremely helpful. Bob helped me avoid a lawsuit and was extremely knowledgeable in this field. I was thoroughly impressed with his prowess. Hopefully I will never have a legal issue related to employment again, but if I do, I will not hesitate to retain Smith Eibeler again! Gavin Tully