What to do if I have to go to court to prove my eligibility for unemployment benefits because my previous employer is contesting me trying to claim benefits?

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Asked on July 21, 2015 under Employment Labor Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In order for an employer to contest the award of unemployment benefits, they have to show that you were terminated for cause or that you didn't put forth your best effort.  You need to show that you did put forth your best effort.  Often, this process is very much "he said/she said." To show that you were a good employee and that you tried to perform your functions, pull together witnesses and evidence to help demonstrate your case.  If you had any good letters or reviews from a supervisor... you can show them to the court.  If you received an employee of the month award any time in the recent past, it would show your attitude was at least good enough to obtain the recognition of some of the higher ups in the company.  If there is at least one co-worker that saw your work effort, see if they would be willing to come and testify as to your performance and your efforts.  It is not an exact formula... but the more documents or witnesses you have, the better the chance that you can prevail on your claim for unemployment benefits.


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