NYS Department of Labor - why would an employer appeal unemployment benefits that were approved?
My unemployment claim was approved by NYS Department of Labor about 2 weeks ago and I've been filing my weekly claims without any issues. Today I got a notice that my former employer has filed an appeal against my benefits. I was laid off due to budget cuts, not fired for misconduct or anything like that. Why would they even bother appealing if I was legitimately laid off? Does this mean my benefits will be stopped while they review the appeal? I'm really confused about what happens next.
14 comments


Dmitry Popov
Employers appeal unemployment claims to protect their unemployment insurance tax rate. When employees collect benefits, it can increase the employer's future tax payments to NYS Department of Labor. Even if you were laid off legitimately, they might claim it was a voluntary quit or that you had performance issues. The appeal doesn't automatically stop your benefits - you should continue filing weekly claims unless NYS Department of Labor specifically tells you to stop.
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Sofia Ramirez
•That makes sense about the tax rate. Should I be worried that they'll overturn the decision? I have my layoff paperwork showing it was due to budget cuts.
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Ava Rodriguez
This happened to me last year! My employer appealed even though I had documentation of the layoff. Turns out they were claiming I refused alternative work they offered, which wasn't true. You'll get a hearing notice from NYS Department of Labor where you can present your side. Make sure you have all your paperwork ready - layoff notice, final paycheck stub, any emails about the budget cuts. The good news is legitimate layoffs usually win at appeal hearings.
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Miguel Ortiz
•How long did your hearing take to get scheduled? I'm in a similar situation and worried about the timeline.
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Ava Rodriguez
•Mine took about 3 weeks to get scheduled, then another week before the actual hearing. The whole process was maybe a month total.
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Zainab Khalil
Employers do this all the time unfortunately. They figure even if they lose the appeal, they've delayed paying higher taxes for a few months. It's really frustrating because it puts stress on people who are already dealing with job loss. Just make sure you keep filing your weekly claims and respond to any requests for information from NYS Department of Labor promptly.
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Sofia Ramirez
•It does feel really unfair. I'm already stressed about finding a new job and now I have to deal with this too.
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QuantumQuest
If you're having trouble reaching NYS Department of Labor to ask questions about your appeal, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I was stuck trying to call for days about my adjudication issue and they got me connected within an hour. Might be worth checking out if you need to talk to someone about your appeal process.
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Connor Murphy
•Never heard of this but honestly anything is better than sitting on hold for 3 hours just to get disconnected.
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Yara Haddad
ugh this is so annoying, why do companies have to make everything harder?? i got laid off too and worried my employer might do the same thing. did you get any warning they were going to appeal or did it just show up randomly?
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Sofia Ramirez
•No warning at all! Just got a notice in the mail from NYS Department of Labor saying there was an appeal filed. Really caught me off guard.
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Giovanni Moretti
I went through this exact same situation about 6 months ago. My employer appealed even though I was clearly laid off due to company restructuring. What I learned is that some companies have policies to automatically appeal all unemployment claims regardless of the circumstances - it's just a business decision to try to keep their tax rates low. The hearing process was actually pretty straightforward once I got through it. The administrative law judge was fair and I had my layoff documentation ready. Just stay organized with your paperwork and don't let it stress you out too much - if you were legitimately laid off, the appeal likely won't succeed.
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Paolo Ricci
•Thanks for sharing your experience Giovanni! It's reassuring to hear that the judge was fair in your case. Did your employer show up to the hearing or did they just file the paperwork and hope for the best? I'm trying to prepare myself for what to expect.
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Miguel Castro
•@Giovanni Moretti That s'really helpful to know about the automatic appeal policies - I had no idea some companies do that routinely. It makes me feel less like they re'targeting me personally. How long did the whole process take from when you got the appeal notice to when it was resolved? And did you continue getting benefits during the appeal period?
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