Is it illegal for my former employer to appeal my unemployment benefits but not do so foe a co-worker guilty of the same behavior?

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Is it illegal for my former employer to appeal my unemployment benefits but not do so foe a co-worker guilty of the same behavior?

I was terminated for a physical altercation with another co-worker self-defense. I was collecting UI and so was the co-worker I was terminated with. But he’s not having his UI appealed, only I am. Is there any legal wrong doing by the employer by choosing to only appeal my UI and not my former co-worker as well?

Asked on June 9, 2016 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, the law does not compel all persons to be treated equally, and legal action, including an unemployment appeal, can be taken against one but not another. For example, if two cars happened to hit yours, you can sue one driver, not the other; if two tenant breached a lease, the landlord can sue one for the rent, but does not have to sue both; if many cars are speeding, an officer can choose which to pull over; etc. Similarly, here, the employer can elect to appeal one person's benefits, but not the other persons.


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