You lost your job and you are devastated. You will feel certain you will be able to collect unemployment benefits, but when you file you claim with the State of New York, you are denied. You need that money to support your family. What can you do?
You can file with New York’s Unemployment Insurance Appeal Board. The six-member Board determines initials claims but also has a second function. The Board considers appeals from people who feel like they have been unjustly denied unemployment benefits. Employers can also file claims if they feel that a former employee should not collect unemployment benefits.
New York law states that an employee can only be denied benefits for certain reasons, including, but not limited to:
1. Criminal misconduct.
2. Misconduct on the job.
3. If you left your job voluntarily.
If you want a hearing, you must file within 30 days of receiving a notice of determination in the mail. Once a claim is filed, the Board will set a hearing date that will be held at the unemployment office nearest to the employer and the employee. Basically, the hearing is an informal trial. At the hearing, the judge will hear from both sides. Attorneys may be present for either side. In some cases, each side may present witnesses to bolster their case.
After the hearing, the judge will consider the evidence. According to the Board’s website, (http://www.labor.state.ny.us/uiappeal/indextest.asp), the decision could be made in a few days, but the average is about three weeks. Employees that were receiving unemployment benefits whose claim is denied may have to repay those benefits. Employees that had previously been denied benefits but were awarded them in the appeal may be able to collect what they were owed, but initially denied.
If the judge rules against you, you can appeal. You must file the appeal with the board within 20 days of the date stamped on the decision that was mailed to you. In most cases, no other hearings will be held. The decision will be made based on the transcript and will be mailed to you in two to three months. If you still disagree with the decision, you can appeal to the Appellate Division of the State Supreme Court.
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