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Unemployment Insurance Appeals in NYS

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  • Unemployment Insurance Appeals in NYS

    I've been denied unemployment benefits 3-4 years after NYS paid the benefits. I am appealing the decision. I told Unemployment up front (in 2002) I was a minor partner in a partnership that did not bring in any significant income. They accepted my claim, paid benefits and now state I must pay all unemployment back because I wasn't "totally unemployed".

    Any thoughts on best way to fight the decision?
    Any thoughts on statute of limitations when NYS can reverse their earlier decision to grant me benefits.

    Thanks.

  • #2
    That's a strange one. I don't know why or how they can reverse it after 2-3 years. I would focus on the "partially employed" part. Some states will allow unemployment compensation even though you are still employed, based on the drop in income. There may be a case law that allowed such a situation. Check with a law school. They may be able to research for you. sometimes they have law students take unemployment claims for the practice. Here's some statutes for you...


    new york unemployment statutes:

    javascript:getlaw("LAWS","[email protected]",LAW

    Court Acts (time limit of appeals):

    javascript:getlaw("LAWS","@LLCTC","LAW")

    check back for other posts, someone else may have a better answer for you.

    Comment


    • #3
      Originally posted by wwy
      That's a strange one. I don't know why or how they can reverse it after 2-3 years.
      The statute of limitations for non-fraudulent is 3 years, and for anything involving fraud is up to 7 years. By "fraud," they mean you said you were unemployed when you were in a partnership. So you might be right and might not have to re-pay, but that is why they can still come after you.

      Jennifer

      Comment


      • #4
        Just a comment, jenn; this post is two months old. It's not likely that the poster is still coming back looking for additional answers. I generally request that dormant posts be left alone unless you either have a question about the law being discussed, or are the OP coming back with an update.

        But thank you for your information, anyway.
        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.

        Comment


        • #5
          Still Active

          This post is still active. The DOL just sent me another package that contains information they did not put in the last package a couple months ago. I believe they just generated some notices that were not generated in 2003!

          Thanks for the info Jenn. Do you know where I can find that documentation in the law or on the DOL web site.

          Comment


          • #6
            Well, OP, we don't know that unless you post back, do we?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment

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