What can happen if I won my unemployment denial hearing and was paid out the benefits owed me but now my employer is reopening the case because they didn’t show at the first hearing?

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What can happen if I won my unemployment denial hearing and was paid out the benefits owed me but now my employer is reopening the case because they didn’t show at the first hearing?

Originally I was denied my unemployment benefits from my former employer. I filed an appeal but my ex-employer’s witnesses did not show, so they left the hearing. It was a phone call hearing the judge continued on with the hearing and awarded it in my favor. I was paid out all the benefits due to me while unemployed. Now, my former employer is appealing and reopening the case since they didnt show up for the original hearing. What can happen? If I loose the reopened hearing will I have to pay back the unemployment benefits received? I need some help because that money is spent on past due bills.

Asked on August 17, 2019 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If they appeal and the case is either reversed on appeal--that is, on appeal, it is decided that you were not entitled to benefits--or it is "remanded" or sent back for a new hearing and you lose in that new hearing, then yes, you will have to repay the benefits. You are advised to try to begin putting away or saving money in case the matter goes against you and have to repay the benefits; after all, if your benefits are upheld or sustained on appeal, you'll then be able to do as you like with the money, so in the event you win, putting money aside for a possible repayment doesn't cost you anything.


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