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?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption