Under New York Labor Law Article 18, an individual is regarded as “unemployed” for any week in which they do no work and receive no income. An individual may also be deemed unemployed if they work fewer than four days and earn less than their allocated weekly benefit amount.
The New York State Department of Labor (“NYSDOL”) is the state agency that oversees the interpretation and application of these unemployment provisions. Importantly, someone may still be eligible for partial unemployment benefits even if they earned some wages during the week.
The key factor in determining whether someone qualifies for unemployment benefits is whether their earnings stay below the state’s threshold. New York uses a formula that reduces a claimant’s benefit amount based on their reported income. That person’s eligibility remains intact as long as those wages don’t surpass the maximum limit.
It is important to know that certain exceptions apply for people participating in jury service, serving as witnesses under subpoena, or engaging in state-approved job training through programs governed by Section 599 of the Labor Law. These individuals may still qualify for benefits even while involved in such activities.
When it comes to determining eligibility, the definition of “wages” is also important to know. The definition for wages includes payments for services performed, whether as an employee or an independent contractor.
However, New York law makes clear that specific types of compensation, such as military allowances or special stipends, are excluded when assessing unemployment status. This ensures that temporary assignments or reduced work hours don’t automatically disqualify someone from accessing benefits.
What Does an Unemployment Lawyer Do in New York?
Unemployment attorneys in New York are legal professionals who assist individuals in navigating the often challenging process of applying for and securing Unemployment Insurance (“UI”) benefits. This includes partial benefits for reduced work hours. Their work is rooted in the New York Labor Law, particularly Article 18, which governs eligibility, disqualifications, and appeals procedures.
The core responsibilities of a New York unemployment lawyer include:
- Advising on Eligibility: Attorneys help clients understand whether or not they meet the requirements for benefits, including earnings thresholds and reasons for separation from employment
- Filing Claims: They assist with preparing and submitting initial applications to the New York State Department of Labor (“NYSDOL”)
- Handling Denials: If benefits are denied, lawyers evaluate the basis for denial, such as alleged misconduct, voluntary resignation, or procedural errors, and prepare appeals accordingly
- Appeal Representation: Attorneys represent claimants in hearings before Administrative Law Judges and, if necessary, before the Unemployment Insurance Appeal Board
Unemployment lawyers also often assess whether a client’s job loss may involve broader legal violations, such as:
- Whether or not they were wrongfully terminated under state or federal anti-discrimination laws
- Retaliation for whistleblowing or asserting workplace rights
- Wage and hour violations, including unpaid overtime or misclassification
Having experienced unemployment lawyers can significantly improve a claimant’s chances during the appeals process. New York lawyers who handle unemployment claims will be able to help their client gather evidence, prepare testimony, and challenge employer claims. They will also ensure compliance with procedural rules and deadlines, which are critical in New York’s unemployment benefits denial appeal system.
If you’re facing a denial or dispute over unemployment benefits in New York, it is recommended to set up a legal consultation in New York with a New York employment lawyer who focuses on employment and labor law. Having legal guidance can make a meaningful difference in securing the benefits that you’re entitled to.
What Types of Services Do Unemployment Law Attorneys Provide in New York?
Unemployment attorneys in New York offer a broad range of legal support to individuals seeking to obtain or protect their Unemployment Insurance benefits. Once again, their work often involves navigating the New York State Department of Labor system, especially when claims are denied, delayed, or disputed.
The following is a list of common services provided by New York lawyers who practice unemployment law:
- Claim Filing Support: Attorneys assist their clients in preparing and submitting initial unemployment claims to the NYSDOL, ensuring that all required documentation is accurate, complete, and submitted within the statutory deadlines
- Appeals Advocacy: When benefits are denied or contested, lawyers represent claimants in hearings before Administrative Law Judges and, if necessary, the Unemployment Insurance Appeal Board
- Misclassification Challenges: Legal counsel helps workers who have been wrongly classified as independent contractors instead of employees, which is an issue that can affect benefit eligibility under New York labor and tax laws
- Defense Against Overpayment or Fraud Claims: Attorneys defend clients accused of receiving excess benefits or making false statements, which may trigger repayment demands or penalties under Labor Law Section 594
- Eligibility Guidance: Lawyers evaluate whether a client’s separation from employment, such as quitting for compelling reasons or being terminated for alleged misconduct
- Assistance with Delays or Administrative Errors: Legal professionals intervene when benefit payments are delayed or mishandled due to system errors, missing documentation, or unresolved adjudication issues
- Related Employment Claims: Unemployment attorneys may also identify and pursue additional legal claims, such as wrongful termination, retaliation, or wage violations, which could strengthen the unemployment case or even lead to separate remedies under New York State Human Rights Law or Fair Labor Standards Act (“FLSA”)
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What Are Some Common Types of Unemployment Disputes?
Once again, unemployment disputes in New York typically arise when there is a disagreement between a claimant and the New York State Department of Labor or an employer regarding eligibility for Unemployment Insurance benefits.
Examples of common types of unemployment disputes include:
- Misconduct: Disputes over whether termination involved intentional or reckless misconduct, which may disqualify a claimant under Labor Law Section 593
- Voluntary Resignation: Conflicts regarding whether a claimant quit without good cause or was compelled to leave due to issues like harassment or unsafe conditions
- Wage or Work History: Issues involving incorrect earnings reports or insufficient wages in the base period, which may affect eligibility
- Employment Classification: Disagreements about whether a worker was misclassified as an independent contractor instead of a covered employee
- Overpayment or Fraud Allegations: Accusations of excess benefits or misstatements; claimants may contest errors or establish eligibility
- Availability and Work Search Requirements: Questions about whether claimants were actively seeking work and able to accept employment
How Are Unemployment Disputes Resolved?
In New York, unemployment benefit disputes are generally resolved through a formal hearing that is conducted by an Administrative Law Judge. During this administrative proceeding, both the claimant and the employer have the opportunity to present testimony, submit documents, and respond to questions regarding the eligibility determination made by the New York State Department of Labor.
If the outcome of the hearing is not favorable to the claimant, they may then file an appeal with the Unemployment Insurance Appeal Board. Should the Board uphold the original decision, the claimant will then have the right to pursue further review by appealing to the Appellate Division of the New York State Supreme Court.
Where Can I Find an Unemployment Law Attorney in New York?
You can find unemployment law attorneys in New York through platforms like LegalMatch, which connects individuals with experienced employment lawyers near them. The Unemployment Insurance Appeal Board also offers a searchable list of attorneys and registered representatives who handle unemployment cases.
Should I Hire an Unemployment Law Attorney for My Case in New York?
If you are having an issue regarding your unemployment benefits, such as if your benefits are being denied, then it is recommended to consult with an experienced New York employment lawyer. LegalMatch can assist you with locating an employment lawyer who handles unemployment cases similar to yours.
A lawyer will be able to help you navigate the legal system, meet critical deadlines, and help you build a strong case. Although simple unemployment claims might not require legal help, an experienced lawyer can boost your odds of getting the benefits you’re entitled to when the case becomes complicated or requires a knowledge of civil procedure.
They will also be able to file private civil lawsuits against your employer, if such actions are applicable. Finally, they can also represent you at any in person administrative proceeding or court hearing.
Jose Rivera
Managing Editor
Editor
Last Updated: Jul 11, 2025