How to fight an unemployment claim - NYS Department of Labor employer appeal process?
My former employee filed for unemployment benefits and I believe they were terminated for misconduct. They were consistently late, missed deadlines, and violated company policy multiple times before I had to let them go. The NYS Department of Labor sent me a notice about their claim and I want to contest it. What's the process for fighting an unemployment claim as an employer? Do I need to provide documentation of the misconduct? How long do I have to respond to NYS Department of Labor?
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Dmitry Petrov
You have 10 days from the date on the notice to respond to NYS Department of Labor. You'll need to provide detailed documentation of the misconduct - write-ups, attendance records, policy violations, witness statements if you have them. The more specific documentation you can provide, the better your chances. Make sure you respond by the deadline or you'll lose your right to contest the claim.
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StormChaser
•Thank you! I have all the write-ups and attendance records. Should I send copies or originals to NYS Department of Labor?
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Ava Williams
wait so employers can just fight unemployment claims?? that seems really unfair to workers who got fired
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Miguel Castro
•Employers have the right to contest claims if they believe the termination was due to misconduct or if the employee quit voluntarily. It's part of the unemployment system to prevent fraud and ensure benefits go to those who qualify. The employee gets to respond and present their side too.
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Zainab Ibrahim
I went through this same process last year when one of my employees filed after I terminated them for theft. NYS Department of Labor scheduled a phone hearing where both sides presented evidence. Make sure you have everything documented and organized. The hearing officer will ask specific questions about company policies, whether the employee knew the policies, and what progressive discipline you used.
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StormChaser
•Did you win your case? What kind of questions did they ask during the hearing?
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Zainab Ibrahim
•Yes, I won because I had clear documentation of the theft and previous warnings. They asked about our employee handbook, whether the employee signed acknowledgment of policies, and the specific incidents that led to termination.
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Connor O'Neill
Just be aware that even if you contest it, the employee might still win if NYS Department of Labor determines the misconduct wasn't severe enough or if your documentation is insufficient. Simple attendance issues usually don't qualify as misconduct unless there were clear warnings and progressive discipline.
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LunarEclipse
•This is so true. My boss tried to contest my claim because I was 15 minutes late a few times but I still got approved because they couldn't prove willful misconduct.
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Yara Khalil
If you're having trouble getting through to NYS Department of Labor to discuss your case or need to speak with someone about the appeal process, I used claimyr.com recently when I needed to reach an agent quickly. They have a service that gets you connected to actual NYS Department of Labor representatives without waiting on hold forever. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Really helpful when you're dealing with time-sensitive unemployment issues like employer appeals.
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StormChaser
•Interesting, I didn't know services like that existed. Have you used it personally or just heard about it?
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Yara Khalil
•Used it myself when I had questions about unemployment tax issues for my business. Much easier than trying to call NYS Department of Labor directly and getting busy signals all day.
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QuantumQuasar
I'm also dealing with a similar situation right now. One thing I learned is that you should also check if your state has specific guidelines about what constitutes "misconduct" versus just poor performance. In NY, the misconduct has to be willful and work-related. Being consistently late might qualify if you have documented warnings and a clear attendance policy that the employee acknowledged. Make sure you can show that the employee knew the consequences of their actions and continued the behavior anyway. Also keep copies of everything you send to NYS Department of Labor for your records.
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Dmitry Popov
•This is really helpful advice about the willful misconduct standard in NY. I'm curious - how do you prove that an employee "knew the consequences" beyond just having them sign the employee handbook? Did you have to get written acknowledgments each time you gave warnings, or is it enough to have the warnings documented in their personnel file? I want to make sure I'm building the strongest case possible.
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