Can an employer appeal an unemployment decision in NYS Department of Labor cases?
My former employer just found out I was approved for unemployment benefits and they're saying they want to challenge it. I got fired for what they called 'poor performance' but I think it was really because I complained about safety issues at work. The NYS Department of Labor already approved my claim and I've been getting benefits for 2 weeks now. Can employers actually appeal these decisions? What happens to my benefits if they do? I'm really worried they're going to mess this up for me.
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Keisha Robinson
Yes, employers can absolutely appeal unemployment decisions in New York. They have 30 days from the date of the determination to file an appeal with the NYS Department of Labor. If they appeal, your case will go to an administrative law judge for a hearing. Your benefits will continue during the appeal process unless the judge specifically orders them stopped, which is rare.
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Yara Nassar
•That's terrifying. What kind of evidence can they present? I'm worried they'll make up stuff about me.
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GalaxyGuardian
Don't panic! Employers appeal all the time but it doesn't mean they'll win. You need to start gathering your documentation now - any emails about the safety complaints you made, your performance reviews, witness contact info if coworkers saw what happened. The NYS Department of Labor will schedule a hearing where both sides present their case.
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Paolo Ricci
•this happened to me last year and the employer didn't even show up to the hearing lol. i kept my benefits
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Amina Toure
Ugh the whole system is so frustrating. My old job tried to fight my claim too even though they laid me off! Took 3 months to resolve and I was stressed the entire time. At least you'll keep getting paid while they figure it out but it's still annoying.
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Keisha Robinson
•The important thing is to take the hearing seriously and be prepared. Most employers who appeal have weak cases but you still need to present your side clearly.
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GalaxyGuardian
If you're having trouble reaching the NYS Department of Labor to ask questions about the appeal process, there's a service called Claimyr (claimyr.com) that can help you get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. I used it when my employer appealed and I needed to understand the hearing procedures.
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Oliver Zimmermann
•Is that legit? I've been trying to call for days about my own appeal situation and can never get through to anyone at NYS Department of Labor.
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Natasha Volkova
Just wanted to say good luck! The fact that you were approved initially is a good sign. Document everything and don't let them intimidate you.
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