What do I do if I was fired from a job and now my ex-employer is contesting my collecting unemployment benefits?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What do I do if I was fired from a job and now my ex-employer is contesting my collecting unemployment benefits?
I was fired from my last job and was collecting unemployment for about 8-9 weeks. Now I’ve gotten a letter from the Department of Labor saying that my ex-employer is contesting and wants to overrule it, plus I have penalties to pay. This is not right. What do I do?
Asked on October 20, 2016 under Employment Labor Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There will be a hearing at which you can present your case for receiving unemployment compensation. Contact the Dept. of Labor to request a hearing.
If you were fired for misconduct, unemployment compensation will be denied. Penalties may include repayment of benefits you received.
If the ruling at the hearing is for your employer, you can file an appeal. You should receive information on the procedures for hearings and appeals. If you have not received that information, contact the Dept. of Labor to request it.
If the reason you were fired was not misconduct, then it is unlikely that your former employer will prevail.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.