UI benefits are available in New York to employees who lose their job through no fault of their own; who have enough earnings from prior employment to establish a claim; who are ready, willing and able to work; and who are actively looking for work.  Whether you are eligible for unemployment depends on all the facts of your case.

​

One of the most commonly litigated issues is whether an employee lost their job through disqualifying misconduct.  Employers will often try to claim an employee was fired for misconduct, in order to avoid paying benefits, when the employee was really laid off or fired for a reason other than misconduct.  Ben has successfully defended employees against accusations of misconduct.

​

Another commonly litigated issue is whether a worker was an "employee" or an "independent contractor."  Independent contractors aren't typically eligible for unemployment insurance, but many employees are misclassified as independent contractors.  

​​

When you apply, it is critical that you answer all questions truthfully.  If the Board finds out you lied, you may be required to repay benefits already received.

You apply for unemployment at the State's website.  You can learn more there.  Burdick Law PLLC does not ordinarily get involved at the application stage.  Many applications will be approved without incident and without the need to hire a lawyer.

​

When you are completing the application, be careful to answer all questions truthfully.  If the Board discovers that you lied on your application, you may be required to pay back benefits you have already received, plus a penalty. 

You must request a hearing within the time limit.  Directions for requesting a hearing will appear on the letter denying benefits.  DO NOT MISS THE TIME LIMIT FOR ANY REASON! IT IS EXTREMELY DIFFICULT TO GET AN EXTENSION!

​

Send us a message using the contact form and we will do our best to schedule an appointment.  Please be mindful that Burdick Law PLLC does not represent you until and unless you have a signed retainer agreement.  If for any reason you do not hear from us before the time limit, it is YOUR responsibility to timely request a hearing.

​

The hearing may not happen for several months.  In the meantime, you should continue to certify for benefits (tell the UI Board about your job search), even if you are not receiving benefits, until you get a new job.

​

In some cases, Burdick Law PLLC has successfully obtained reversals of denials without a hearing.  Generally, though, a hearing will be necessary.  At the hearing, the judge will hear both your and your employer's side of the story.  After the hearing, the judge will issue a written decision deciding who is right.  The Board conducts all hearings virtually (by phone or computer) as of late 2025.  If Burdick Law PLLC represents you, Ben will help prepare you for the hearing; attend your hearing; cross-examine the employer's witnesses; and argue on your behalf.  You can usually expect a decision within a week or two after the hearing.

Stay calm.  It's terrible to be accused of lying, but you're entitled to a hearing, just as if you had been denied benefits.  Until the judge issues a decision, you don't have to repay the benefits.  YOU MUST TIMELY REQUEST A HEARING!  See #3 above.

You are entitled to appeal to the Unemployment Insurance Appeals Board.  Although the Board can order a second hearing, it usually does not do so.  Instead, you and the employer will each submit written briefs arguing why your position is the right one.  If Burdick Law PLLC represents you, we will write and file the brief on your behalf.

You can appeal from the Unemployment Insurance Appeal Board to the New York State court system — specifically, the Appellate Division, Third Department.  Appeals to the courts ("judicial appeals") are time-consuming, expensive, and create precedent (good or bad) for other cases going forward.  Burdick Law PLLC does pursue judicial appeals in appropriate cases; however, we do not guarantee that representation in the initial retainer agreement.  We will discuss judicial appeals if and when the time comes.

When you've lost your job, the last thing you need to worry about is legal fees.  Our pricing in unemployment insurance cases is transparent and consistent with all applicable law.  

​

We will conduct an initial consultation of approximately 45 minutes for free.  After the initial consultation, if we agree to represent you, you will pay a $600 refundable retainer.  This amount goes into a trust account, separate from the firm's operating account, and remains your property until and unless the Board approves a fee.

​

While we are working on your case, we record all time spent on your case, including preparation, document review, the hearing itself, and brief writing.  We charge $200 per hour in unemployment cases.  The time required varies depending on the complexity of your case, but typical costs are approximately $600 to $1000 for cases that do not require an appeal, and $1000 to $1500 in cases that require an appeal.  The fee will never exceed the amount of benefits you are awarded.

If we win, the firm will ask the Board to approve its fees.  If and when the Board approves a fee, we will apply your prepaid retainer to the amount owed.  If the total fee is less than $600, the balance will be refunded to you; if the total fee is more, you will receive a bill for the remainder.

​

If we lose, your prepaid retainer will be refunded in full.  

Burdick Law PLLC believes strongly in the principles of access to justice and is committed to serving the New York State community of workers.  For this reason, we devote substantial time to providing free legal advice to unemployed workers at the initial consultation, without regard to the prospective client's ability to pay.  Unfortunately, the financial realities of operating a single-member law firm do not permit us to take a significant number of pro bono cases beyond the consultation stage. 

We may choose to take individual representations pro bono at our sole discretion.  Pro bono representation is typically reserved for cases where the facts suggest the possibility of creating new pro-worker legal precedent.