What can I do if I lose my unemployment benefits hearing?

If you lose your unemployment benefits hearing and disagree with the judge's decision, you can appeal to the Unemployment Insurance Appeal Board.

Here are the basic steps:

Requesting the Appeal

• Send a letter within 20 days of the decision, stating that you want to appeal.
• You'll receive confirmation from the Board, and you have 7 days to act.

Requesting a Transcript

• You can ask for a written record of the hearing (a transcript) within 7 days of receiving confirmation.
• This can help support your appeal.

Written Statements

• You, your former employer, and the Department of Labor can submit written statements.
• Explain why you disagree with the decision and provide facts not covered in the hearing.
• You'll need to provide copies to the other parties.

What the Appeal Board Considers

• The Board usually decides without a new hearing.
• It looks at evidence presented during the hearing.
• New evidence is considered only if all parties agree or if it's part of another hearing.

The Appeal Board's Decision

• It may uphold, reverse, or remand (send back for a new hearing) the decision.
• Winning an appeal is challenging, so seeking legal advice is a good idea.
• The Board reverses or remands if there's a clear error or if new information is needed.

What to Do if You Disagree with the Appeal Board

• You can appeal the Appeal Board's decision to the State Supreme Court, Third Department, within 30 days.
• Contact the Unemployment Insurance Appeal Board if you have questions.

Remember, appealing a hearing decision can be complex, so consider getting legal help, especially as winning on appeal can be difficult.