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Can I appeal the law determining how unemployment amounts are reached?

by J.S.
(New Jersey)

Again, you've answered my specific question. However, the law itself is wrong. I worked for 33 years before I ever applied for unemployment. Had the Sands not closed, I still would not have ever applied.


Yes, I messed up by not following the proper procedure. Both with the fact that I could have received unemployment throughout my current employment as my hours were almost always under 30. And that I would have been eligible for extensions. Yes, I totally misconstrued the entire concept of unemployment. That being said, for those 33 years I had money taken out of my check for unemployment. To be used if I became unemployed. So isn't that still my money? Where'd it go? What I'm asking is rather than trying to appeal my own stupidity, can I try to appeal the law itself?


Hi J.S.

I know that you have been paying an unemployment tax, but New Jersey is one of five states that offers temporary disability unemployment benefits. (opens in new window) and I suspect any payroll deduction was for that type of unemployment benefit to compensate for when employer's don't offer a paid medical leave by carrying a disability insurance policy for it's own employees.

You can appeal any decision or determination, but it would be futile in my opinion to appeal a statute or law.

To win an appeal, the appeal needs to be based in law, not a protest of the law you didn't understand.

For that you might want to contact state representatives and state senators.

Please understand that I am sympathetic to your situation. The whole reason I began answering question is because I honestly believe that the information the states presents to those needing benefits on their websites is pathetic.

It's like they don't think were capable of understanding too much, but they don't want us to understand too much, or they might give away the farm.

I firmly believe every state should be required by federal unemployment to make obvious and visible, the information we need to make very informed decisions, before we screw up accidentally.

You of course can base your appeal on anything you want to, but quite frankly, howling at the moon in the middle of the night will do just as much good.

New Jersey has a relatively useless website for finding answers if you're trying to research for them. This is all I could find.

They do not have a precedent decision manual with unemployment precedents. They do not have an eligibility guide like California or New York's "interpretation index". New Jersey doesn't explain much of anything, but expects unemployed people to put their faith in the "impartial and unbiased unemployment hearing examiners to arrive at the proper decisions even when appeals are about who's at fault for the job separation.

I must be a bit of a control freak .. because putting faith in the power that be, that is also in charge of writing the regulation for how it will administer quasi-legally is something I've ever been comfortable with.

Chris



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