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  • Unemployment New York

    I was recently fired & I felt the reason was quite tragic, so I immediately filled for unemployment. It was contested and I was sent a questionnaire, I filed it out, faxed it in and waited. Today I logged in, just to check things out and I noticed that I had been awarded two weeks of unemployment. I was thrilled, I have not received anything from NYS about this so I called the unemployment office and they said that they ruled in my favor because my company did not respond promptly. They said that what usually happens in this case is the company notices that they are being charged and will then appeal.

    What should I do, what could possibly happen. Why didn't they respond... if they were so quick to appeal it from the beginning. I've heard my company is pretty aggressive with appealing claims.

    THANKS!

  • #2
    IF the employer appeals, then there will be a hearing. At the hearing the employer will give the reasons why they feel that you should not receive benefits; you will have the opportunity to respond. The state will decide whose side has made their case.

    At least in my state, the employer is the one appealing so the employer is the one who has to prove his case. My state is not NY and this may not be the case in all states.

    It is by no means a given that the employer will appeal. I frequently do not respond to unemployment notices if I had no intention of contesting benefits.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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