Unemployment compensations’ remedial objective is to protect the welfare of the people by providing a buffer against the shocks and rigors of losing one’s job. It is designed to provide some income to a worker who through no fault of his or her own loses their job. Sometimes the issue as to whether someone is entitled to benefits must go through the appeals process or board of review process to obtain a decision as to whether unemployment compensation extends to that situation or not.
Eligible individuals are entitled to receive total benefits equal to the number of the individuals these weeks with all employers in the base year multiplied by the individual’s weekly benefit rate. East week means any calendar week during which the individual earned wages or salary due to employment equal to or greater than 20 times the current statewide minimum wage rate. Base year means the first four of the last five completed calendar quarters immediately preceding the benefit year. No individual is entitled to receive benefits in excess of 26 times his weekly benefit rate in any benefit year unless the legislature decides an extension is required. Extensions are normally granted from the federal government however in exigent circumstances such as the recent casino closings, the state of New Jersey will grant occasional extensions. Extensions are usually only available during periods of high unemployment.
To be eligible for benefits in individuals generally must be able to work, be actively seeking work, be available for work, and satisfy and earnings requirement. Obviously, an employee must file for a claim. Such benefits will not be automatic without application.
Individuals cannot collect unemployment compensation for any period of disability commencing while the individual is a covered individual under the temporary disability benefits law. What this means is that the employee is not qualified for receiving unemployment compensation for any week or part of which he or she has received or is seeking temporary disability benefits.
Individuals also may be disqualified from benefits for a variety of reasons including voluntary termination of employment, misconduct, failure to apply for or accept suitable work, involvement in a labor dispute, receipt of remuneration in lieu of notice, receipt of other benefits, fraud, and participation in a training program. Failing to send in timely notice of appeal can also disqualify an employee from receiving unemployment compensation. The case law, courts, appeal tribunal, and board of review decisions have shaped the areas and rules regarding disqualification. Such rules pertain only to unemployment compensation and the appeals of unfavorable decisions related to claimant’s applications, meaning that although applicable and relevant, the same standards and laws that apply to a wrongful termination, discrimination, or retaliation claim are entirely binding on the triers of fact in an unemployment appeal case.
Deputies and hearing officers conduct initial interviews for claims that are contested by the employer or may have issues of eligibility. They are very often wrong in their decisions. In fact, the attorney’s at Kurkowski Law have overturned thousands of initial denials of unemployment.
If you are facing a due to a denial of your application for unemployment benefits contact an experienced employment lawyer at Kurkowski Law today. We handle such appeals in a very high volume and know the ins and outs of this system. Low flat fees available. It is very important to retain a lawyer at the first appeal.