How to File an Unemployment Appeal in New York

Unemployment insurance provides temporary income for individuals who have lost their jobs. In some cases, an individual may be denied unemployment compensation. If you have submitted a claim for unemployment benefits in the state of New York and your claim was rejected, you can file for an appeal. Consult an attorney to assist you with the appeal process.
Unemployment benefits may be denied for a variety of reasons. A qualified NY employment lawyer can help determine if the unemployment agency’s reasons for denial are accurate. You may be ineligible for unemployment insurance if you quit your job and didn’t have just cause. You may also be denied benefits if you were fired from your place of work because of misconduct.

If you’re initially awarded compensation, ongoing reasons can affect whether or not you continue to receive benefits. An attorney can explain these guidelines before you file an appeal. Your attorney can also determine if you have met the state requirements regarding the amount of time worked or monies earned. Failing to meet these requisites may prevent you from collecting unemployment.

In many instances, the state’s finding of ineligibility is inaccurate. An employer may have reported earnings incorrectly, or the reasons for an employee’s termination may have been presented erroneously. If you want to challenge the state’s determination, you have the right to request a hearing. Typically, a written request for appeal must be filed quickly. Contact an attorney to assist you with this process.

Once you receive notice of the hearing date, collect as much relevant data as you can. A NY employment lawyer who is skilled in resolving similar cases can explain which records you will need to substantiate your position. Attendance records, employment contracts and proof of income are all important documents. Bring any witnesses or gather written testimonies that will validate your case.

An administrative law judge will oversee the hearing. If you’re unsatisfied with the ruling, you can appeal to the Unemployment Insurance Appeal Board. Unresolved UIAB cases may be brought before the Appellate Division of the Supreme Court, Third Judicial Department and finally the New York State Court of Appeals. In order to accurately defend your position at each hearing, it’s essential to work with the an experienced lawyer who will represent your interests.

Wrongful Termination in the State of New York

Wrongful termination occurs when an employee is discharged for illegal reasons. In the state of New York, employees are at-will and can be fired without notice or cause. An employer can essentially dismiss an employee for any reason and at any time. However, some state laws protect employees from being wrongfully terminated. If you have concerns about the security of your job, a New York employment lawyer can help determine if your rights are being violated.

New York laws allow employers to discharge their workers for arbitrary or random reasons. Even the best employment attorney New York has available cannot alter these guidelines. However, there are several limitations that prevent employers from taking advantage. One limit is that a company cannot violate any relevant policy or contract when firing an employee.

Employment discrimination laws also safeguard against wrongful dismissal. These laws state that an employee cannot be harassed or discriminated against based on disability, gender, sexual orientation, race, age, marital status, or pregnancy. If you have been fired as a result of workplace discrimination, a New York employment attorney can verify if any violations of the law have occurred.

Employees are protected against unlawful retaliation as well. If a worker reports any complaint, including health or safety code violations, illegal activities, harassment or discrimination, he or she cannot be penalized by way of an adverse employment action such as a discharge, demotion, decrease in salary or hours. The laws also protect some workers who take sick days or unpaid leaves from termination. In order to ensure you’re protected, it’s a good idea to consult an experienced New York lawyer regarding your employment issues.

If you believe you’re being discharged for illegal reasons, or if there has been a breach of contract with your employer, you may need to take legal action. Keep a record of any conflicts or comments from your supervisors and employer, and obtain copies of any performance evaluations or other relevant documents. Seek the advice of a knowledgeable employment attorney New York has to offer so that you can file a private lawsuit quickly.

As a victim of wrongful termination, you may have the opportunity to reinstate your position at work. A qualified New York employment attorney can effectively and rapidly remedy the situation so that there are negligible changes in your lifestyle. You may be awarded punitive damages, and you may be compensated for any lost wages, stress or suffering. By seeking the advice of a professional, you can safeguard yourself and your family

Discrimination in NY

Selecting the best employment lawyer New York has to offer can be overwhelming and time consuming. If you have been discriminated against at your place of work, you need an attorney who understands the law. Your employer cannot strike out at you for defending your rights, and a qualified lawyer can ensure that justice is served and your livelihood is protected.
Discrimination cases typically come in one of two varieties. There are the easy cases in which it is obvious that an individual was discriminated against and the case is often settled out of court. Most cases, however, are more complex and nuanced than that which makes them more challenging. If, for example, someone is passed up for a promotion despite being qualified and she believes it is because she is pregnant, it can be hard to prove the motive of the hiring manager.

These are the types of cases which require careful consideration by the attorney before moving forward. The employment discrimination attorney in NYC will have to not only prove that the client was denied an employment opportunity which she was qualified for, but also that the motive for her being passed up was based on a protected category such as sex, race, color, pregnancy, religion, national origin, genetic information, disability or age. While it is certainly more difficult in cases like these, it is not at all impossible. Due to the fact that there are many laws and regulations for this type of discrimination an experienced employment discrimination attorney in NYC can successfully fight for your rights and win you just compensation.

If you feel like you have been wrongfully discriminated against in a workplace environment, don’t just accept it. Fight for your rights and the rights of others who have been harmed by unfair practices. Call Olga Medyukh at 866-822-6933 to discuss your options get your case started right away.