Can employer appeal unemployment decision - my former boss is trying to overturn my approved claim
I just found out through a friend who still works at my old job that my former employer is trying to appeal my unemployment decision. I was approved for benefits about 6 weeks ago after getting laid off from a restaurant job. Now I'm freaking out because I don't know if they can actually reverse my approval and make me pay everything back. Has anyone dealt with their employer appealing after you were already getting benefits? What happens during this process and do I need to do anything to protect my claim?
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Emma Thompson
Yes, employers can definitely appeal NYS Department of Labor unemployment decisions within 30 days of the determination. You should receive a notice in the mail about the appeal hearing. Make sure to attend and bring any documentation about your separation - pay stubs, termination letter, anything that supports your case. The hearing will be conducted by phone usually.
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Javier Mendoza
•I haven't gotten any notice yet but this just happened. How much time do I have to prepare if they did file an appeal?
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Malik Davis
same thing happened to me last year, my employer waited until the last minute to appeal. took about 3 months for the hearing and I kept getting benefits the whole time. just make sure you keep filing your weekly claims
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Javier Mendoza
•That's a relief that you kept getting paid during the process. Did you end up winning the appeal?
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Malik Davis
•yeah I won because they couldn't prove I was fired for misconduct. they just laid me off but tried to claim I was a bad employee
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Isabella Santos
Don't panic yet. Even if your employer appeals, you'll continue receiving benefits during the appeal process unless NYS Department of Labor finds evidence of fraud. The burden is on your employer to prove you shouldn't be getting benefits. Document everything about your job separation and why you were let go. If you have any witnesses to conversations about the layoff, get their contact info.
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StarStrider
•What if the employer lies during the hearing? I'm worried my old manager will make stuff up about my performance.
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Ravi Gupta
I had trouble reaching NYS Department of Labor when my employer appealed to get more details about the process. Ended up using Claimyr.com to get through to an actual agent who explained everything. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helped me understand what to expect during the appeal hearing.
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Javier Mendoza
•Thanks for the tip! I might need to try that since I can never get through on the phone normally.
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Freya Pedersen
EMPLOYERS ALWAYS TRY THIS CRAP!!! They don't want their unemployment insurance rates to go up so they appeal every single claim even when they know they're wrong. It's just another way the system screws over workers. Fight back hard and don't let them intimidate you.
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Emma Thompson
•While employer appeals are common, it's not quite that universal. But you're right that UI tax rates can be a motivating factor for some employers to contest claims.
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Omar Hassan
wait so they can just take back your approval like that?? I thought once you were approved that was final
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Isabella Ferreira
•No, they can't just "take back" your approval without due process. The initial approval means you met the basic eligibility requirements, but employers have a legal right to appeal within 30 days if they disagree with the decision. During the appeal process, you'll continue receiving benefits unless there's evidence of fraud. The appeal hearing gives both sides a chance to present their case, and then an administrative law judge makes the final decision. So while it's stressful, you're not defenseless in this process.
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Evelyn Kelly
Just went through this exact situation 3 months ago. My restaurant also tried to appeal after I was approved for benefits following a layoff. The key thing is to stay calm and gather your evidence. I collected my work schedule showing reduced hours before the layoff, text messages from my manager about the business slowdown, and even got a coworker to be a witness. The hearing was actually pretty straightforward - they asked basic questions about why I left and what led to the separation. My employer couldn't prove I did anything wrong, so I won the appeal. The whole process took about 6 weeks from appeal notice to final decision, and like others said, I kept getting my weekly benefits the entire time. Just make sure you keep filing your weekly claims even during the appeal.
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Kristian Bishop
•This is really helpful to hear from someone who just went through the same thing! I work in restaurants too so the situation sounds very similar. Did you have any trouble getting your coworker to agree to be a witness? I'm worried about asking my friend who still works there since they might not want to get involved and risk their own job.
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Malik Thomas
•I totally understand your concern about asking your coworker to be a witness - that's a tough spot when they still work there. In my case, I was lucky because the coworker had already put in their two weeks notice for another job, so they weren't worried about retaliation. But honestly, even without a witness, I think I still would have won because the documentation was pretty strong. The text messages from my manager and the schedule showing my hours getting cut were really the key evidence. If you can't get a witness, focus on gathering any written proof you have - emails, texts, schedules, anything that shows the business was struggling or that you were laid off due to circumstances beyond your control. The burden is really on your employer to prove you shouldn't get benefits, not the other way around.
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