If you have requested a New Jersey Department of Labor employment benefit, such as disability insurance, unemployment insurance, or workers’ compensation, but that benefit has been denied, you may have the right to appeal the state’s decision. By appealing your case, you resurrect your request for a right that has been wrongfully denied.
In some cases, an appeal may require a hearing, in which information regarding your situation will be collected, examined, and evaluated before a final decision is made. The type and location of the hearing may vary based on the specific claim being appealed. An appeal hearing may take place before a quasi-judicial panel of the Department of Labor or, depending on the specific facts of the appeal, may be referred to New Jersey Superior Court for further proceedings.
When appearing before the Department of Labor or one of its panels for a hearing, it is important to be prepared and know what to expect. Although a Department of Labor hearing is not the same as an appearance in court or a legal trial, it can be similar in many ways. For instance, specific procedures and formalities must be followed before, during, and after the hearing. Although it may seem trivial, a violation of these procedures or formalities may weaken the strength of your claim.
If you are considering appealing a Department of Labor decision, an experienced employment attorney can help you prepare or legally represent you at the hearing. Being well-prepared, understanding how the hearing is conducted, and having effective legal representation before the Department of Labor will increase the likelihood of your appeal.