What do I do if I was fired from a job and now my ex-employer is contesting my collecting unemployment benefits?

UPDATED: Sep 30, 2022

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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


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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