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Old 03-08-2010, 11:57 AM
 
77 posts, read 291,448 times
Reputation: 62
Default Appealing denial of request to backdate my unemployment in New York

I received unemployment about 2 months after I quit my job. After I was approved I put in a request to backdate my application from when I quit.

They called me to interview me regarding why I filed late. I simply said it was because I did not know that I qualified for unemployment benefits if I quit my job I would qualify since the information I was reading onlineand was told made it seem like people who voluntarily quit do not qualify for benefits.

Then I spoke to a family friend/attorney who advised me that because I quit because of violation of labor laws, that I would likely be eligible. I also told him I was dealing with a family illness and this effected my state of mind (but could not make it seem like this was effecting my ability to look for work)

I had to wait to get copies of these violations from the Dept of Labor through the Freedom of Information Act so that I could feel comfortable substantiating my allegations. When I received these, then I filed for uemployment. For some reason, I was nervous, or perhaps it slipped my mind, but I didnt mention this reason in my phone interveiw.

A few days after my phone interview I got a letter stating my request was denied because my reasons were not compelling and that time out of work cannot be counted for credit until you have filed a claim.

So now I am going to appeal this decision and have a few questions. They told me this hearing would likely just be a telephone hearing.

When I file my request for an appeal does the letter have to state why I am appealing it or do I wait until the hearing to do this (this would also provide me some more time to talk to an attorney to see if any or which of my reasons are compelling enough)

anyone have success with this type of appeal?

Do you think my reason of waiting for Department of Labor paperwork on labor law violations would be any more helpful or "compelling" in this case.

Does winning this type of appeal matter anyway? Since the total number of weeks I am eligible for doesnt change, then my UI would just run out sooner? But it may help in calculating my eligibility date in case the pening UI extensions may depend on the date you were first deemed eligible?

Thanks for the feedback
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Old 03-08-2010, 11:59 AM
 
77 posts, read 291,448 times
Reputation: 62
or if I do write reasons in my appeal letter.. can I add other reasons at the hearing.
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Old 03-08-2010, 12:30 PM
 
199 posts, read 269,463 times
Reputation: 65
Quote:
Originally Posted by NYUI View Post
or if I do write reasons in my appeal letter.. can I add other reasons at the hearing.

Are you the same person that got a certified letter? If not I am sorry.....I do not know the answer to your question but I can tell you this if you QUIT your job here in FLORIDA do not even step foot in the UNEMPLOYMENT OFFICE
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Old 03-08-2010, 12:40 PM
 
77 posts, read 291,448 times
Reputation: 62
Yes the certified letter actually turned out to be nothing at all.

I have already been APPROVED for UI in NY even though I quit my job because my employer violated labor laws.

Your statement is exactly why I didnt even apply initially because I thought there is no way I would be approved if I quit my job.

In turned out I was approved but I missed out on about 2 months of pay because I filed late because I didnt know I could still get UI (and plus I didnt have the documentation to prove my case from DOL yet).

As soon as I got record of the violations, I applied and was approved now I am just trying to appeal the backdating decision that was denied with a "compelling reason"
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Old 03-08-2010, 04:53 PM
 
77 posts, read 291,448 times
Reputation: 62
URGENT... Help anyone??/

I am going to try to submit my appeal by tomorrow
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Old 03-08-2010, 06:48 PM
 
94 posts, read 109,266 times
Reputation: 28
Quote:
Originally Posted by NYUI View Post
Do you think my reason of waiting for Department of Labor paperwork on labor law violations would be any more helpful or "compelling" in this case.
Sounds utterly ridiculous.

Everything else you said sounds like you're trying to build a case for why you "quit" the job. This has already been established. You're still getting the unemployment. You don't have to keep trying to explain why you quit. You're being penalized for filing the claim late. I say take your lumps. Unless you can use ignorance as a defense I don't see where you have a leg to stand on. It is what it is.
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Old 03-08-2010, 07:18 PM
 
Location: Westchester County, NY
144 posts, read 301,180 times
Reputation: 193
I live in NY. I know first hand that ignorance of the unemployment laws are not grounds for retro benefits. The ruling against my friend was that she should have called or visited an unemployment office to verify whether or not she was eligible for unemployment. FYI, she had to appear in front of a "judge" and then wait for a written decision about three weeks later.

Having said all that, you have nothing to lose by filing the appeal.
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Old 03-09-2010, 12:55 PM
 
Location: Staten Island, New York
3,203 posts, read 3,190,595 times
Reputation: 2786
I've never heard of backdating a claim in NY. I don't think they will do that. They take the date you filed, then the waiting week, then they start paying.
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Old 12-28-2010, 09:59 AM
 
1 posts, read 3,375 times
Reputation: 10
I won the appeal in new york for unemployment, how soon will I be able to collect my benefits
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Old 03-03-2014, 10:58 AM
 
3 posts, read 1,334 times
Reputation: 10
Quote:
Originally Posted by olympus877 View Post
I won the appeal in new york for unemployment, how soon will I be able to collect my benefits
Hi OLYMPUS877

I know your post is old, but heres hoping... WHAT were you appealing that you say you "WON the appeal"? I am wondering if your circumstance was like my current one.

FYI: I am in New York State. I am trying to get my Unemp Benefits Start Date backdated two months to when I first became unemployed but did not file because I believed I was ineligible.

I ended work in October, but didnt apply for Unemp until Dec. I waited because I didnt think I was eligible since I didnt have "wages" from W2s only income from 1099s. Meanwhile I was fighting my ex boss via the IRS to show that he fraudulently misclassified me as an independent contractor so he wouldnt have to pay employer taxes.

In December a friend said I should try anyway, and after being asked for lots of documentation, UI approved my claim because they felt that my work circumstances were really that of an employee, not an independent contractor. (as a side note, my ex boss did decide to reclassify me retroactively because he is afraid of the IRS auditing him. sleaazzzzyyy!)

I am kicking myself in the behind for not just trying to apply in October but the standard rule has been in NY that independant contractors arent eligible.

I doubt I will get my start date backdated two months, but hey, Ive got lots of time on my hands now so may as well try!

Anyone EVER win a claim for a backdated start date?
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