How long does employer have to appeal unemployment decision from NYS Department of Labor?
My former employer is threatening to appeal my unemployment claim that was just approved by NYS Department of Labor last week. They're saying I was fired for misconduct but that's not true - I was laid off due to budget cuts. How much time do they actually have to file an appeal? I'm worried they're going to drag this out and I'll have to pay everything back. Should I be concerned about this or are they just trying to scare me?
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Javier Cruz
Employers have 30 days from the date of the determination to file an appeal with NYS Department of Labor. The clock starts ticking from when they received the notice, not when you got yours. If they miss that 30-day window, they lose their right to appeal unless they can prove good cause for the delay.
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Natasha Orlova
•Thank you! So if it's been over a week since I got my approval letter, they probably got theirs around the same time? That means they have about 3 weeks left to appeal?
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Emma Thompson
same thing happened to me, my old boss kept saying they were gonna appeal but never did. turned out they were just mad about having to pay higher UI taxes
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Malik Jackson
•That's actually pretty common. Many employers make threats but don't follow through because appeals cost time and money. They have to present evidence and sometimes attend hearings.
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Isabella Costa
Wait I'm confused - if you were laid off due to budget cuts how could they claim misconduct? That doesn't make sense. Did they give you any documentation when they let you go?
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Natasha Orlova
•I have my termination letter that clearly states 'position eliminated due to restructuring.' I think they're just upset because several of us filed for unemployment around the same time.
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Javier Cruz
•Keep that documentation! If they do appeal, that termination letter will be crucial evidence. NYS Department of Labor takes employer documentation very seriously in hearings.
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StarSurfer
I had trouble reaching NYS Department of Labor when my employer appealed my claim. Spent hours on hold trying to get updates. Finally used this service called Claimyr (claimyr.com) that gets you through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Was able to get my case status and prepare for the hearing properly.
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Ravi Malhotra
•Interesting, never heard of that before. Did it actually work or is it just another way to take your money?
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StarSurfer
•It worked for me. Got through same day instead of calling for weeks. The peace of mind was worth it when I was stressed about the appeal process.
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Freya Christensen
Don't let them intimidate you!! Employers pull this garbage ALL THE TIME hoping people will just give up and stop claiming. If you were legitimately laid off they have NO grounds for appeal and NYS Department of Labor will see right through their BS.
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Natasha Orlova
•That's what I'm hoping. I've never had any disciplinary issues and my performance reviews were always good. I think they're just fishing.
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Ravi Malhotra
Just keep filing your weekly claims as normal while this plays out. Even if they do appeal, you can continue receiving benefits during the appeal process unless NYS Department of Labor specifically tells you to stop.
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Sean O'Brien
As someone who went through a similar situation, I can tell you that most employer threats to appeal are just bluffs. They know they have 30 days but also know that appeals require them to provide concrete evidence of misconduct - not just their word against yours. Since you have documentation showing you were laid off due to budget cuts, they'd have a very weak case. Keep that termination letter safe and don't let their intimidation tactics stress you out. Continue filing your weekly claims and focus on your job search. If they were going to appeal, they probably would have done it immediately rather than making threats.
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