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James Heal
James Heal, Financial Advisor
Category: Finance
Satisfied Customers: 498
Experience:  15 years expertise in all ares of personal finance, including credit cards, mortgages, real estate.
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I am asking for retroactive unemployment payments due to me

Customer Question

I am asking for retroactive unemployment payments due to me being told by employer that i could not get unemployment ...and 3 months later I finally applied...how much will i get back and how do I satisfy the laws...
Submitted: 7 years ago.
Category: Finance
Expert:  James Heal replied 7 years ago.

Thanks for the question.

 

You should be in good shape here. Your benefits are week to week - meaning that you need to reapply online each week. You're already approved, but you need to reapply next week and the week after.

 

Usually in New York, not filing on time is usually not an issue. They do want you to write them so they can investigate, but you already did that and were approved.

 

Now, if that's not the case, I'll point you in the right direction to file an appeal and/or go after the company that gave you wrong information.:

 

Here the link to file an appeal with the NY unemployment:

 

http://www.labor.state.ny.us/ui/aso/hearingsandappeals.shtm

 

 

Next, if that doesn't work, look to take your company to arbitration for giving you false information - This is in liu of court and is much quicker and inexpensive. Arbitration is when a neutral arbitrator hears both sides of the case and then makes an unbiased decision based on the facts. Here's a link:

 

 

http://www.adrforum.com/

 

 

 

Also , here's the NY unemployment Q & A website for you future reference:

 

http://www.labor.state.ny.us/ui/claimantinfo/beforeyouapplyfaq.shtm

 

 

I hope this helps !

Customer: replied 7 years ago.
i only got approved for one week and the lady said you will get a decision in the mail to show this and reason why the other weeks were not given. Your answer seems pretty helpful and thorough so don't worry i will pay the 15 bucks ....I just need to know how to get the other 8 or 9 weeks that i didn;t qualify for. Her investigation is what? Her name was Nicole smith and with NYS ... Thanks James but need to know specifically what they investigate and would another letter to them explaining that i have done interviews and got rejected... I am a high powered salesperson James and very professional ....but was misled to believe i could not get unemployment..
Expert:  James Heal replied 7 years ago.

Yes,

 

Unfortunately Nicole Smith has already made a determination based on her review.

 

Here's the process on how to get her review overriden:

 

Your next step is to request a hearing for your rights to benefits. A hearing is an informal trial held before an administrative law judge in a hearing room. Based on the evidence presented at the hearing the judge will decide whether you are entitled to unemployment insurance benefits. At the hearing, you, and the employer and any witnesses for both side may testify.

 

Here's a link with all the info you will need.

 

 

http://www.labor.state.ny.us/uiappeal/index.asp

 

 

I hope this helps.

 

 

Customer: replied 7 years ago.
i will pay you don't worry just not today....thanks you and i will definately do the process...and go through with it...