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Hello all,
I just got a letter today that my former employer has appealed my unemployment.
I have $63 left on my original claim. (26 weeks)
2 questions.
1. Will the checks stop due to the appeal?
2. I am claiming this week, so I will get the $63, then my next xheck would be for the full amount on euc tier 1, correct?
Unless NJ makes a mistake, you should still keep collecting. You're benefits cannot be stopped until you've had a hearing and a decision adverse to you has been issued. They are not supposed to stop your benefits as some precautionary measure.
Yes you are correct. States pay tiers separately, so you will go from the original claim and then on the next certification date, you will certify for the amount of your extensions. This happens when you transition between tiers too.
Well, I'm going to disagree, here, and hope I am wrong.
If OP is transitioning from state benefits to EUC Tiers, unless he has already begun a tier, I don't think NJ will transition him to Tier 1, until the appeal is resolved. We've had other reports of this happening. This is particularly likely to happen in NJ, where employers are given great latitude.
For our own information, please report back on what happens to you.
It's from this that I thought it was universal that a state couldn't suspended benefits when an employer filed an appeal.
However, having lived my own little nightmare, I've come to realize a state could do whatever they want, and therefore it may be at the whim of the state because even if one were to use the courts to force payment pending an employer appeal ($$$), the claimant would still never be able to collect damages above and beyond the benefits due and the case would be a money loser.
So, Ariadne22 has a very valid point, and a list for states that do this should be documented, and hopefully it is a very short list.
Good morning all,
I just got off the phone with the unemployment call center. I was told by the rep that
I will indeed receive the $63 as this periods check, then the extension will kick in,
and I will go back to the full payment. I was told that even though the employer
is appealing, the checks will not stop. I may be responsible to repay if the employer wins.
Thank you for all the help.
NJT
You will win by default, but the employer could appeal again.
If by chance NJ denies another employer appeal, if that should happen, please let us know. Employers in NJ often appeal a year or more after benefits are granted.
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