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How long after an appeal hearing approves you to recieve unemployment does an employer have to appeal a hearing decision? Can they ask for a appeal after one and a half year?

by leigha
(New Jersey Unemployment Benefits)

The first time I applied for unemployment benefits I was denied.


I appealed and a hearing was scheduled for the next month. I was approved.

I collected approximately five or six weeks and then started a new job.

I've recently received an appeal notice dated Nov. 2010. It say that the employer is appealing the decision from one and a half years ago.

What is the time line for any employer to be able to file an appeal to a claim?


How can they, at this time, file an appeal for a remand and a new unemployment hearing after that long a period of time stating they were not advised.





Response To : How long after an appeal hearing approves you to recieve unemployment does an employer have to appeal a hearing decision? Can they ask for a appeal after one and a half year?



Hi,

Appeal deadlines:

First stage appeal of a determination is 7 days after delivery or 10 days after the mailing date.

Second stage (what you're asking about) is 20 days after notification.

Source: USDOL Appeal Chartbook.

However, the reason for appeal you gave is a valid reason for the employer to appeal.

It will probably result in a remanded hearing, but there should be the issue on any new hearing notice regarding good cause for the untimeliness of appeal or good cause for the first non-appearance.

If the employer can get past either of those issues .. the hearing will proceed to the separation issue.

However, you might luck out and the hearing notice will only have an employer chargeability issue.

I just wouldn't pin my hopes on that.

Chris

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