Labor Department review: Unemployment benefit payments

I applied for unemployment benefits on 03/31/2019 and have received payments only for the first 13 weeks. Then I was informed that I am not eligible for the full 26 weeks of payments as per monetary determination.

On 04/14/2019 I applied for additional 13 weeks of unemployment benefits. All required documents have been submitted with the claim. For more than two (2) years multiple appeals have been sent to the Appeal Tribunal and the Board of Review. Each time the Appeal Tribunal stated that the decision is valid and the Board of Review remanded the matter back to the Appeal Tribunal for another hearing and a new decision.

Finally, after I proved that he is entitled to 26 weeks of unemployment benefits, on 7/20 /20 the Appeal Tribunal changed its decision to "the claimants earning in question do not meet the legal definition of employment wages and cannot be used to establish a claim. Therefore, the claim for unemployment benefits dated 4/14/19 is invalid." This is completely different from the previous reason provided for denying my benefits. The decision of the Board of Review dated 11/25/20 stated that “The finding of Fact and opinion as developed by the Appeal Tribunal have been carefully examined. Since the appellant was given a full and impartial hearing and a complete opportunity to offer any and all evidence, there is no valid ground for further hearing. (Aa1). There is no reason for the Labor Department to ask for an additional hearing after more than two years of a full and impartial hearing”.

I appealed this decision to the Superior Court of New Jersey on 1/7/2021. On 7/28/2021 the Board of Review send a request that “the appeal should be remanded to the Board of Review for further development of the record”. I asked Court to deny the Superior Court Motion to Remand, but the Superior Court of New Jersey remanded my appeal to the Board of Review.

The Board of Review re-open my case and the Appeal Tribunal scheduled another “impartial” hearing on 02/02/2022, and I received an Appeal Tribunal Notice for a scheduled phone hearing on 03/02/2022. At the hearing, the Appeal Tribunal asked me to provide copies of my personal income tax and my employer income tax for 2018 and 2019. Since the Appeal Tribunal Notice that I received did not indicate that I should provide this documentation during the phone hearing, I was not ready to provide a copy of my tax returns at the time of the hearing. Therefore, during the hearing, we agreed that I would send the 2018 and 2019 tax returns to the Appeal Tribunal after the hearing was over.

The requested tax returns were delivered to the Appeal Tribunal on 03/03/202 (the day after the phone hearing), but the same day I also received the decision from the Appeal Tribunal that stated “As the appellant was unable to participate in the hearing because the claimant will prepare evidence for the hearing, the appeal is dismissed without prejudice…”.

With the requested tax returns, I also sent a request to reschedule the hearing. I still have not received the Notice of receipt on my request for a re-scheduled hearing.

I applied for unemployment benefits on 04/14/2019 and was denied it for more than 3 years without any reason. Please help me to resolve the intentional delay of my unemployment benefit payments by the Board of Review.

View 0 more photos