What to do if your employer challenges your unemployment claim

When you apply for unemployment benefits, your former employer might oppose your claim. If they say you should not qualify, the state will schedule a hearing for a judge to decide. At the hearing, you and your employer tell your stories and show proof. 

Here is what happens and what to do:

1. Read the notice carefully

After you file for unemployment benefits, you get a decision called a Notice of Determination.

2. Ask for a hearing

If the notice says you were denied benefits, you can disagree. You have 30 days to request a hearing in writing. Send the request online, by mail, or fax.

3. Keep claiming weekly benefits

Continue to certify for weekly benefits while you wait for the hearing. If you stop, you could lose benefits even if you win your case later.

4. Prepare for your hearing

At the hearing, the Administrative Law Judge listens to both sides. You and your employer can testify, bring documents, and ask questions.

Bring:

• Any letters, emails, pay stubs, policies, or doctor notes that support your story
• Any witnesses who can explain what happened

If you need time to gather proof or get someone to testify, ask the judge to delay the hearing.

5. You can bring help

You can bring a lawyer or someone else to help you. If you cannot afford a lawyer, you may be able to find free legal help at a nonprofit legal aid organization. You can also learn how to represent yourself.

6. Attend your hearing

If you do not show up, the judge will decide without you. If you miss it for a good reason (like illness), you can ask to reopen the case.

7. Watch for the decision

The judge will mail you their written decision. If you disagree, you have 20 days to appeal to the Appeal Board. Learn more about what to do if you lose your unemployment hearing.

Remember:

Your employer cannot stop you from asking for a hearing or appeal. If they try to interfere, you can file a complaint with the Department of Labor. Call 888-4-NYSDOL and choose the option for Labor Standards or ask to be connected to the Labor Standards Division.