How many times can an employer appeal unemployment benefits in NY?

In New York, employers typically get one appeal to the Administrative Law Judge level, then one more to the Unemployment Insurance Appeal Board if they lose. After that, they'd have to go to court which is expensive and rare. What level are they at now?

omg same thing happened to me last year!! my old boss appealed 3 times and kept losing. eventually they gave up but it took like 6 months total

The appeal process has specific levels: 1) Initial determination 2) Administrative Law Judge hearing 3) Unemployment Insurance Appeal Board 4) Court system. Most employers stop after losing at the Appeal Board level because court appeals are costly and have strict requirements. Document everything and keep filing your weekly claims.

This whole system is broken. Employers shouldn't be able to drag this out just to harass former employees. I had an employer appeal my claim THREE SEPARATE TIMES for the same job separation and it took almost a year to resolve.

If you're having trouble getting through to NYS Department of Labor about your appeal status, I found this service called Claimyr that helps you actually reach a real person. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of busy signals when I needed to check on my appeal.

just keep filing ur weekly claims no matter what they do. as long as ur not working and ur still eligible u should keep getting paid even during appeals

I went through something similar with a vindictive employer who kept appealing even though I was clearly eligible. From what I learned, after the Appeal Board level, they would need to file in state court which requires showing the Board made an error of law - not just that they disagree with the decision. Most employers won't go that route because it's expensive and they need actual legal grounds. Hang in there Sofia, sounds like you're almost at the end of this process!

I work in HR and can confirm what others have said about the appeal levels. In NY, employers get one shot at the ALJ hearing, then one final appeal to the UI Appeal Board. After that, the only option is Article 78 proceedings in state court, which requires showing the Board acted illegally or outside their authority - not just disagreeing with their decision. Most employers drop it after losing at the Appeal Board because court appeals are expensive and rarely successful unless there was a clear procedural error. Keep documenting everything and stay strong - you're probably near the end of this ordeal!

I'm going through a similar situation right now where my former employer appealed after I was laid off in a restructuring. What I've learned is that some companies have policies to automatically appeal every unemployment claim, thinking it will deter future claims or reduce their UI tax rates. It's frustrating but try to stay patient - the system is designed to eventually weed out frivolous appeals. Make sure you keep all your documentation from the layoff (emails, notices, etc.) and continue filing your weekly claims. The repeated losses should work in your favor when it gets to the Appeal Board level.