How long does an employer have to contest unemployment benefits in NYS?

Employers in New York have 10 calendar days from when they receive the initial notice of your claim to respond and contest it. However, NYS Department of Labor can accept late protests if the employer shows good cause for the delay. The fact that you've been collecting for two months and they're just now contesting suggests they either missed the initial deadline or recently discovered something that made them want to challenge the claim.

this happened to my friend last year! her employer waited like 6 weeks then suddenly contested saying she was fired for attendance issues. turned out they can contest late if they claim they never got the original notice or if they find new evidence of misconduct

If you were legitimately laid off due to downsizing, you should be fine at the hearing. Make sure you have any documentation from your employer about the layoff - emails, termination letter, anything that shows it was due to lack of work and not misconduct. The burden is on the employer to prove you're not eligible for benefits. Also, even if they contest late, NYS Department of Labor will still hold the hearing to determine if your benefits should continue.

THE WHOLE SYSTEM IS RIGGED! employers can basically contest whenever they want and nys department of labor just goes along with it. meanwhile we're the ones who suffer and have to prove we deserve benefits we already qualified for. its complete BS that they can wait months then suddenly decide to contest

Wait I'm confused - if the 10 day deadline is supposed to be firm, how can they contest after two months? That doesn't seem fair at all. What if someone already spent their benefits on rent and bills?

I had trouble reaching NYS Department of Labor directly about a similar contest situation, but I found this service called Claimyr (claimyr.com) that actually got me through to a real person who could explain exactly what was happening with my case. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to talk to someone at NYS Department of Labor about your hearing or what to expect.

oh this reminds me of when my brother got laid off from his construction job and his employer tried to say he quit! it was such a mess but he had witnesses who saw him get laid off with the whole crew. anyway the hearing went fine once he brought his coworkers to testify. employers try this stuff all the time but if you have proof you should be ok

Just went through something similar last year when my employer contested after 3 weeks. The key thing to remember is that even if they're allowed to contest late, you don't automatically lose your benefits or have to pay anything back unless they can actually prove misconduct or that you quit voluntarily. Keep collecting your benefits while the hearing process plays out - they won't stop payments just because of a contest. Document everything about your layoff situation and stay calm. The hearing officers are pretty good at spotting when employers are just fishing or trying to save money on their unemployment insurance rates.

I'm going through something similar right now - my employer contested after 6 weeks claiming they "never received proper notice" even though I have documentation showing they were sent multiple notices. What's frustrating is that NYS DOL seems to give employers a lot of leeway with these "good cause" excuses. From what I've learned, they can accept late contests for things like: employer never got the notice (even if it was properly mailed), technical issues with their systems, discovery of new information about why you left, or even just claiming they were too busy to respond initially. The system definitely feels stacked against us workers. But like others said, if you were genuinely laid off and have documentation, you should be fine at the hearing. Just make sure to bring any paperwork about the downsizing and be prepared to explain exactly what happened when you were let go.

I went through this exact situation about 8 months ago! My former employer contested my benefits after almost 7 weeks, claiming they had "technical issues" with their system and couldn't respond to the original notice on time. It was incredibly stressful because like you, I had been collecting benefits and was terrified about having to pay everything back. The good news is that even though NYS DOL accepted their late contest, I kept receiving my weekly benefits throughout the entire hearing process. The hearing itself was actually pretty straightforward - I brought my termination letter that clearly stated "reduction in workforce" and some emails from my supervisor about the company-wide layoffs. The hearing officer asked my employer to provide evidence that I was fired for misconduct or quit voluntarily, and they couldn't produce anything concrete. I won the case and didn't have to pay back a penny. The whole experience taught me that employers often contest claims not because they have a legitimate case, but because they're trying to lower their unemployment insurance costs. Stay strong and gather all your documentation - if you were truly laid off due to downsizing, you have nothing to worry about!

From my experience working in HR, the 10-day rule for employer contests isn't as strict as it should be. NYS DOL regularly accepts late contests for various reasons - sometimes legitimate, sometimes questionable. What matters most is that you have solid documentation of your layoff. Since you mentioned it was due to downsizing, make sure you bring any company-wide communications about layoffs, your termination paperwork, and if possible, contact information for coworkers who were also laid off around the same time. The hearing officers usually see right through employers who are just trying to dispute valid claims to reduce their UI tax burden. Don't let this stress you out too much - legitimate layoffs almost always hold up at hearings when you have proper documentation.

I work as a paralegal for an employment law firm and see these late employer contests frequently. What you're experiencing is unfortunately common - employers often wait until they see the financial impact on their unemployment insurance rates before deciding to contest. The "good cause" standard for late contests is pretty broad and includes things like claiming they never received notice, system issues, or discovering new information. However, don't panic about paying back benefits. First, you'll continue receiving payments during the hearing process. Second, if you were legitimately laid off due to downsizing and have documentation proving it, you have a very strong case. The burden is entirely on your employer to prove misconduct or voluntary quit - they can't just claim you weren't eligible without evidence. Make sure to bring your layoff notice, any emails about company downsizing, and if possible, gather contact info for coworkers who were also laid off around the same time. These hearings are designed to protect workers from frivolous employer challenges, so stay calm and stick to the facts about your layoff.

I went through this exact same situation about 6 months ago! My employer contested after nearly 8 weeks, claiming they had "staffing changes" that prevented them from responding to the original notice. I was terrified about having to repay $3,200 in benefits, but here's what I learned: First, you keep getting your weekly payments throughout the entire hearing process - they don't stop just because of a contest. Second, I brought my layoff documentation that clearly stated "position eliminated due to restructuring" along with the company email announcing layoffs in our department. The hearing was actually less scary than I expected - it was just me, a representative from my former company, and the hearing officer on a conference call. My employer couldn't provide any evidence of misconduct or that I quit voluntarily, so I won the case completely. The whole thing took about 3 weeks from contest to decision. If you have solid documentation showing you were laid off due to downsizing, you should be in good shape. These late contests are often just employers trying to reduce their UI tax burden rather than having any real case against you.