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.