NJ umemployment Appeal ruling

I was denied unemployment benefits for being fired from my job of 28 years, employer stated misconduct as the reason. I appealed was heard by the appeal examiner & was granted benefits. My employer counter appealed & a phone hearing was scheduled on 12/26/12. My employer failed to attend due to the fact he was out of area & unavailable. The Appeal Examiner rescheduled another phone hearing for 1/03/13. At this time my employer did not answer the appeal examiners request to contact him by days end. I received a letter from the new jersey appeal tribunal that the case was dismissed.

Reported for forum change.

Legal advice goes in our IMHO forum.

I can only tell you what is says on their website, which is that:

A determination becomes final unless a written appeal is filed within seven calendar days after delivery or within ten calendar days after the mailing of the determination. An appeal period can be extended if good cause for late filing is shown. Good cause exists in situations where it can be shown that the delay was due to circumstances beyond your control that could not have been reasonably foreseen or prevented.

Source: http://lwd.state.nj.us/labor/ui/aftrfile/appeals.html

Why not call the appeal tribunal and ask them?

I’m not licensed in, nor do I practice in New Jersey. However, from what you posted, it sounds to me like this was the last stage of the administrative process. I suspect that any appeal from here would be to an actual court, which is considerably more expensive. I further suspect that the employer, who failed to participate in the administrative process, is probably not going to pursue it in court. There may be some period of time he has in which to take any such action. If he does not, then the ruling in your favor is likely final, and you should start receiving checks so long as you are otherwise in compliance with the applicable rules in your jurisdiction.