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.

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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.

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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.  

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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.  

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!

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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.

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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.

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Burdick Law PLLC has in some cases 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 as of early 2025.  If Burdick Law PLLC represents you, Ben will attend your virtual hearing 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.  While the hearing is pending, 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.  There will not usually be a second hearing.  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 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, but does not guarantee that representation in the initial retainer agreement.  We will discuss judicial appeals if and when the time comes.