What to do if I filed for unemployment and began receiving benefits but after 3 claims, I received a letter that my employer filed an appeal?

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What to do if I filed for unemployment and began receiving benefits but after 3 claims, I received a letter that my employer filed an appeal?

If I had went on a medical leave and was not offered my same position upon return, is this a valid reason for leaving? I was already approved, so I do not understand why they decided to deny it after giving me 3 claims. I believed I was eligible because I was approved and would not have done so if it was not correct.

Asked on January 7, 2013 under Employment Labor Law, New Jersey

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

When someone files for unemployment, the DOL may pay benefits until an employer files a response.  If their response states a valid reason for your benefits to be denied or post-poned, the administrator of your case can suspend or end your benefits.  Here is a link which sets out the valid reasons for termination: http://lwd.dol.state.nj.us/labor/ui/aftrfile/fired.html

From what you describe, you should be eligible for benefits.  If you still believe that you are, you need to appeal the decision to end your benefits.  The paperwork you received should explain how to do that.  If you are not sure how to perfect your appeal, the same link above also includes instructions on how to perfect an appeal.

As an additional note, it's a little odd that you were terminated after an approved medical leave.  You may want to arrange a consultation with an employment law attorney to review your termination paperwork, your unemployment claim paperwork, and your former employer's response to your claim.  You may have some additional claims under the FMLA or some other act for an unlawful discharge-- since it came at the same time as your leave.


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