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  1. #1
    Join Date
    Jun 2010
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    6

    Default Denied Unemployment in New York

    My question involves unemployment benefits for the state of: New York

    I was wondering, does anyone have any incite into how the NYS DOL works in making their initial decision on an unemployemnt claim? When I applied I marked down fired as the reason for unemployment since that's what happened, but my boss told them I quit so not only did they deny my claim, but they also said that I made a factually false statement by marking fired on my claim. Even said that I concealed that I quit. I'm totally shocked by this and obviously will be requesting a hearing for appeal.

    Is it policy for NYS DOL to just automatically take the word of the employer over the employee? And does anyone know how long it will take to get a hearing date?

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Denied Unemployment in New York

    Could take weeks to get a hearing; have you already notified the state that you want to appeal?

    The employer will need to prove to the satisfaction of the hearing officer that you did, in fact, quit. Do they have any documents or witnesses that might give that impression?

    In the meantime, continue filing your weekly/bi-weekly claims.

  3. #3
    Join Date
    Jun 2010
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    6

    Default Re: Denied Unemployment in New York

    Just got the determination letter a couple of days ago, my lawyer is in the process of filing the hearing request.

    It's a bit of a long story, which I did tell in full detail to the DOL on my questionnaire, which only adds to my shock that they say I concealed anything. Truly makes me wonder if they even read the questionnaire at all. I don't want to get into it here since I more than don't trust my x-boss or the system at this point, but it does pretty much boil down to my word against his word. I assume he will be having a certain person as a witness to try and back him up. I have a couple of small pieces of evidence besides my word.

    By the tone of the claims reviewer in my determination letter, looks like I'm the one who will be having to prove to hearing officer what the facts are. They pretty much just plain called me a liar; stating that "you in fact knew you quit." Made me loose my appetite for 2 days.

  4. #4
    Join Date
    Jun 2010
    Posts
    6

    Default Re: Denied Unemployment in New York

    Oh, and just to be clear, this person I assume the x-boss will try to use as a witness didn't actually witness anything. If anything the statements they had made to me in the days before I was fired only back me up, but they are basically the boss's henchperson & they're thick as thieves so I assume they'll collaborate.

  5. #5
    Join Date
    Jul 2010
    Posts
    1

    Default Re: Denied Unemployment in New York

    That's the reason you have a lawyer to represent you at the hearing. Why are you posting on the web instead of just asking your lawyer what to do??

    It is very common for the employers to lie and for the DOL to simply rubber stamp the employer.

    That's why we have hearings!!

    We do the UI hearings in NY State and charge sliding scale hourly fees and limit our recovery to no more than 1/3rd of the amount won. Of course, all attorneys and reps that represent claimants before the UIAB cannot charge fees unless they win the case and are awarded fees by the UIAB. But if you already have an attorney working on the case you just stick with him.

    CMHServices
    www.cmhservicesny.com

  6. #6
    Join Date
    Jun 2010
    Posts
    6

    Default Re: Denied Unemployment in New York

    Thanks, but yes, I am happy with my lawyer & will be continuing with them.

    I posted here mostly because I was very curious to know if anybody else has had this kind of experience with NYS DOL. Basically, is this just how they always operate? I was truly shocked at their very nasty and accusatory tone in their determination letter. It also seems to me that they made up their mind simply on the employers word/lie since they stopped releasing payment to me BEFORE I even received the questionnaire.

    And to make it all worse, this has all cost me to loose my health insurance which I need since I cannot pay for COBRA without an unemployment check.

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