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  1. #1

    Question Employer Contesting My Benefits

    My question involves unemployment benefits for the state of: NY, NY

    In 2006 I won unemployment benefits from my previous employer after a hearing was held. My employer never contested or appeared at the hearing.
    2 YEARS LATER my employer wants to have a hearing to contest! They did this because they freaked out after finding out how much their tax went up (I got a copy of their letter to the Board of labor).

    I already received and spent the unemployment I received. I am employed now.

    What could possibly happen to me if there is a new hearing and they overturn the decision? Would I have to pay back the unemployment insurance I got?
    I don't personally owe the employer anything......

    Thanks.

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

    Default Re: Employer Contesting My Benefits

    They are WAY past the time they could protest. The state hasn't accepted it, have they?

  3. #3

    Default Re: Employer Contesting My Benefits

    I got just a 'form' letter from the Dept. of Labor saying they have requested a hearing, and a copy of employer's contesting letter to the Dept. of labor. There has been no date set yet though.
    Is there a statute of limitations?

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Contesting My Benefits

    Absolutely. And they're WAY past it.
    http://www.labor.state.ny.us/ui/aso/hearing2.shtm

    You haven't refiled since the benefits you received relative to your 2005 filing?

  5. #5

    Default Re: Employer Contesting My Benefits

    it was July 2006 when i was awarded the unemployment benefits. i received them until october 2006 when i became employed and then i stopped claiming. i have not claimed since then.

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Contesting My Benefits

    If the state goes forward with this, I'll eat my witch hat.

  7. #7

    Exclamation Re: Employer Contesting My Benefits

    I received another 'form' letter today from the NY State Dept. of Labor with the box marked off of "The above employer is contesting" etc etc. and "you will be informed of the date of the hearing".
    It looks like this could really happen. Another page says if the judge agrees than I will have to pay back my benefits. It also says I "should submit a written statement in opposition to any appeal".
    My lawyer says there is nothing I can do until I get a hearing date. But I want to avoid one.

  8. #8
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Employer Contesting My Benefits

    I'm not sure you can avoid one by doing nothing, but this is the stupidest thing I've ever heard. Your "written response" immediately should cite the reference I gave you earlier. Or maybe your attorney will do it for free or nearly free.

    The other "stupidest thing I've ever heard" would be if they expected you to pay it back.

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