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
AuthorI 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
AuthorThat'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
AuthorThanks 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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