Unemployment Benefits Attorneys

Unemployment Benefits Attorneys

When you are fired from your job or lose it for another reason, you may be eligible for unemployment benefits. Unemployment benefits may be based on federal or state programs. They are meant to help you survive while you are looking for a new job after you lost your old one.

The law firm of Swartz Swidler, LLC is a dedicated practice with attorneys who focus their practice exclusively in the various areas of employment law. We are knowledgeable about your rights and the law and will fight to help you recover the compensation that you deserve.

Unemployment benefits eligibility

In order to qualify for benefits through unemployment, you have to have a minimum amount of earnings over a specific period of time. Normally, this means that you will have to have worked for 12 months at your place of employment before you lost your job. You also must be able, willing and ready to find another job. There are certain grounds that may make you to ineligible for unemployment benefits, however. You may be ineligible if you lost your job for the following reasons:

  • Quit when you did not have good cause to do so
  • Fired for serious misconduct, including such things as committing criminal acts that were related to work, stealing from your employer or coworkers, physically harming coworkers or other such things
  • Fired for failing or refusing an alcohol or drug test
  • Are an independent contractor, a student or self-employed
  • Are currently on strike from your job
  • Are unable to work because of illness or other reasons

Appealing your state’s decision

Whether you are in Pennsylvania or New Jersey, your state will determine if you are eligible for benefits based on the information that you and your former employer provide to them. If you are denied, you may appeal, but you have a short time frame for doing so. If you receive a denial, it is important that you seek help from the attorneys at Swartz Swidler so that we can help you meet your appeal deadline.

If your prior employer or you appeal the state’s initial determination, an informal hearing will be held in front of a hearing officer. This administrative board will only review the evidence that you and your employer provide at the hearing. It is a good idea for you to have your employment attorney present with you since it is the only chance that you will be given to present your case.

Administrative and court appeals

If your case is particularly severe, you might be able to file an appeal of the board’s decision to the state’s judicial system. If you appeal to the courts, you will need to prove that there was either insufficient evidence to support their denial or that the appeal board ignored existing law.

Being denied unemployment benefits may leave you facing serious financial consequences. Contact the unemployment benefits attorneys at Swartz Swidler, LLC today by calling us at (856) 685-7420.