How long does an employer have to appeal unemployment decision from NYS Department of Labor?
My former employer is threatening to appeal my unemployment approval and I'm getting worried they might succeed. I was approved for benefits last month after being laid off from my retail job in December. Does anyone know the deadline for when employers can file appeals with NYS Department of Labor? I thought there was some kind of time limit but I can't find clear info anywhere. Really stressed about this because I need these benefits to survive.
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QuantumQuester
Employers have 30 days from the date they receive the initial determination notice to file an appeal with NYS Department of Labor. If they miss that deadline, they typically can't appeal unless they can prove they had good cause for the delay. Check your determination letter - it should show when it was mailed to your employer.
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Connor O'Neill
•Thank you! That makes me feel better. It's been over 6 weeks since my approval so they definitely missed the window.
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Yara Nassar
yeah my old boss tried to appeal mine too but waited like 2 months lol. NYS Department of Labor basically told them tough luck. once that 30 day window closes they're done unless something really unusual happened
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Connor O'Neill
•That's reassuring to hear! Did they still try to submit paperwork even after the deadline?
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Yara Nassar
•yeah they sent some angry letter but nothing came of it. the adjudication unit just sent them a notice saying the appeal period had expired
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Keisha Williams
Keep in mind that even if they did appeal on time, you'd continue receiving benefits during the appeal process unless NYS Department of Labor finds some kind of fraud. The burden is on the employer to prove misconduct or that you quit voluntarily. If you were genuinely laid off, their appeal likely wouldn't succeed anyway.
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Paolo Ricci
•This is good to know! I'm dealing with something similar where my employer is claiming I was fired for performance but I have documentation showing it was really a layoff due to reduced hours.
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Amina Toure
I had such a hard time getting through to NYS Department of Labor when my employer appealed my case last year. Spent weeks trying to call and explain my side. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me so much frustration dealing with the busy phone lines.
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Connor O'Neill
•Interesting, I hadn't heard of that before. Did it actually help you reach someone at NYS Department of Labor faster?
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Amina Toure
•Yeah it was way easier than trying to call myself. Got through to someone within a few days instead of weeks of busy signals.
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Oliver Zimmermann
UGH employers who try to appeal legitimate claims are the worst!! My last company did this to THREE people I know just to be spiteful. NYS Department of Labor sees right through these petty appeals most of the time. Don't let them intimidate you!
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CosmicCommander
•Totally agree! Some employers think they can scare people into not claiming benefits they're entitled to.
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Hiroshi Nakamura
I went through something similar a few months ago. The 30-day deadline is firm - I was so paranoid I actually called NYS Department of Labor to confirm when my employer's deadline was. The representative told me that once those 30 days pass from when they received the determination notice, employers need to show "good cause" for any late appeal, which is really hard to prove. Things like not receiving mail due to address changes or serious illness might qualify, but general business or spite doesn't cut it. Since you were approved last month and it's been over 6 weeks, you should be in the clear. Keep all your documentation just in case, but try not to stress too much about it!
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