Law Offices of Dennis R. Swanson
NYS Unemployment
All too often, employees who are let go or forced to resign are challenged by their former employer when they attempt to claim the unemployment insurance benefits to which they are entitled. We can help by reviewing your individual situation, helping you formulate a winning strategy, and representing you at hearings and before the Unemployment Appeals Board if necessary. Having experienced representation can protect you from civil penalties and having to repay benefits already received.
New York State law regulates attorney fees for unemployment claims to protect the claimant. The governing entity is the NYS Unemployment Insurance Appeals Board.
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The NYS Department of Labor makes the initial determination to pay or not pay benefits.
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If either the employer or the employee disputes the initial determination, the Appeals Board reviews the claim and may schedule a hearing.
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It is important that you as a claimant attend all scheduled hearings even if you have not yet retained an attorney.
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Adjournments are frequently granted for the purpose of allowing you more time to retain counsel.
Once you have retained counsel, your attorney will represent you in all dealings with the board.
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Attorneys may collect a nominal up front deposit to be held in trust while your claim is considered by the board.
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All fees paid to an attorney must be approved by the board.
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If the claim is unsuccessful the deposit is returned to to the claimant.
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Complex matters may incur additional fees.