by William
(Middletown,NJ, USA)
I was receiving unemployment when my previous employer appealed the decision. A hearing was scheduled that I couldnât be there for. I called the examiner to reschedule and she told me that if the employers appeal had any merit she would reschedule and no decision would be made that day.
Two days after the scheduled appeal I received a letter stating my unemployment has been disqualified based on the appeal, under N.J.S.A. 43:21-5(a). I immediately called the examiner who informed me that she wasnât feeling well that week and forgot to pass on her notes on the claim, though her name is the one as the examiner. She admitted it was her fault and would see what she could do for me.
24 hours later she called back to tell me that she could do nothing about the decision but schedule another appeal. I now am not getting my checks that I rely on and being told I have to refund the money I have gotten. Based on the letter I received, my employer lied on several issues and this is why I was disqualified. Unemployment admits they made a mistake but I am being punished. Is the burden of proof now on me since they overturned the original ruling that was in my favor? Is there anything I can do?
Hi William,
For goodness sake, did you appeal the hearing decision? Have you appealed the overpayment determination?
Your main concern should be to get that stupid hearing remanded back for rehearing because the moron examiner failed to perform her job duties.
You requested a postponement and she denied, but failed to put that little bit of business into the file.
That’s what I think the appeal to the board needs to focus on .. a new hearing being rescheduled because you requested a postponement from the examiner and she told you if the appeal had merit it would be rescheduled .. and then she admitted to you that your right to due process was basically denied by her ineptness to follow through with what she told you by noting the file.
At least that’s what I think without being able to see your documents first hand.